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Kansas Senate Bill SB391

Kansas 2023-2024 Regular Session

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11 Session of 2024
22 SENATE BILL No. 391
33 By Committee on Public Health and Welfare
44 1-24
55 AN ACT concerning public health; relating to infectious or contagious
66 diseases; changing the authority of the secretary of health and
77 environment and local health officers; naming the constitutional right to
88 health freedom act; revoking the authority of the secretary to order
99 individuals to isolate or quarantine and impose penalties for violations
1010 thereof; amending K.S.A. 65-116g, 65-118, 65-119, 65-128, 65-129b
1111 and 65-129d and K.S.A. 2023 Supp. 65-101, 65-202 and 72-5180 and
1212 repealing the existing sections; also repealing K.S.A. 65-126, 65-127,
1313 65-129 and 65-129c.
1414 Be it enacted by the Legislature of the State of Kansas:
1515 New Section 1. The amendments made to K.S.A. 65-101, 65-202, 65-
1616 116g, 65-118, 65-119, 65-128, 65-129b and 65-129d by this act shall be
1717 known as the constitutional right to health freedom act.
1818 Sec. 2. K.S.A. 2023 Supp. 65-101 is hereby amended to read as
1919 follows: 65-101. (a) The secretary of health and environment shall exercise
2020 general supervision of the health of the people of the state and may:
2121 (1) Where authorized by any other statute, require reports from
2222 appropriate persons relating to the health of the people of the state so a
2323 determination of the causes of sickness and death among the people of the
2424 state may be made through the use of these reports and other records;
2525 (2) investigate the causes of disease, including especially, epidemics
2626 and endemics, the causes of mortality and effects of locality, employments,
2727 conditions, food, water supply, habits and other circumstances affecting
2828 the health of the people of this state and the causes of sickness and death;
2929 (3) advise other offices and agencies of government concerning
3030 location, drainage, water supply, disposal of excreta and heating and
3131 ventilation of public buildings;
3232 (4) make sanitary inspection and survey of such places and localities
3333 as the secretary deems advisable;
3434 (5) take action recommend ways to prevent the introduction of
3535 infectious or contagious disease into this state and to prevent the spread of
3636 infectious or contagious disease within this state; and
3737 (6) provide public health outreach services to the people of the state
3838 including educational and other activities designed to increase the
3939 individual's awareness and appropriate use of public and other preventive
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7676 health services.
7777 (b) The secretary of health and environment may adopt rules and
7878 regulations policies necessary to carry out the provisions of subsection (a).
7979 In addition to other remedies provided by law, the secretary is authorized
8080 to apply to the district court, and such court shall have jurisdiction upon a
8181 hearing and for cause shown to grant a temporary or permanent injunction
8282 to compel compliance with such rules and regulations.
8383 (c) The secretary of health and environment shall not carry out the
8484 provisions of subsection (a) or (b) in a manner that conflicts with any
8585 other statute or otherwise expands the authority of the secretary.
8686 (d) In the event of a state of disaster emergency declared by the
8787 governor pursuant to K.S.A. 48-924, and amendments thereto, or a state of
8888 local disaster emergency declared pursuant to K.S.A. 48-932, and
8989 amendments thereto, the legislature may revoke an order issued by the
9090 secretary to take action related to such disaster emergency as provided in
9191 this subsection. Such order may be revoked at any time by concurrent
9292 resolution of the legislature or, when the legislature is not in session or is
9393 adjourned during session for three or more days, such order may be
9494 revoked by the legislative coordinating council with the affirmative vote of
9595 five members thereof.
9696 Sec. 3. K.S.A. 65-116g is hereby amended to read as follows: 65-
9797 116g. (a) It shall be unlawful for any person who violates to:
9898 (1) Violate any provision of this act, K.S.A. 65-116a through K.S.A.
9999 65-116m, and amendments thereto, relating to tuberculosis or any
100100 associated rules or regulations of the secretary of health and environment
101101 for the enforcement of this act, or K.S.A. 65-116a through K.S.A. 65-116m,
102102 and amendments thereto;
103103 (2)  violates violate any of the rules or regulations of any an
104104 institution while a patient therein,; or
105105 (3) conducts himself in a engage in disorderly manner, shall be guilty
106106 of conduct, as described in K.S.A. 21-6203, and amendments thereto.
107107 (b) Violation of this section is a class C nonperson misdemeanor.
108108 Sec. 4. K.S.A. 65-118 is hereby amended to read as follows: 65-118.
109109 (a) Whenever any person licensed to practice the healing arts or engaged in
110110 a postgraduate training program approved by the state board of healing
111111 arts, licensed dentist, licensed professional nurse, licensed practical nurse,
112112 administrator of a hospital, licensed adult care home administrator, or
113113 licensed physician assistant, licensed social worker, teacher or school
114114 administrator knows or has information indicating that a person is
115115 suffering from or has died from a reportable infectious or contagious
116116 disease as defined in rules and regulations, such knowledge or information
117117 shall be reported immediately to the county or joint board of health or the
118118 local health officer, together with the name and address of the person who
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162162 has or is suspected of having the infectious or contagious disease, or the
163163 name and former address of the deceased individual who had or was
164164 suspected of having such a disease. In the case of a licensed hospital or
165165 adult care home, the administrator may designate an individual to receive
166166 and make such reports. The secretary of health and environment shall,
167167 through rules and regulations, make provision for the consolidation of
168168 reports required to be made under this section when the person required to
169169 make the report is working in a licensed hospital or adult care home.
170170 Laboratories certified under the federal clinical laboratories improvement
171171 act pursuant to 42 code of federal regulations, C.F.R. part 493 shall report
172172 the results of microbiologic cultures, examinations, and immunologic
173173 essays for the presence of antigens and antibodies and any other laboratory
174174 tests which are indicative of the presence of a reportable infectious or
175175 contagious disease to the department of health and environment. The
176176 director of the division of public health may use information from death
177177 certificates for disease investigation purposes.
178178 (b) Any person who is an individual member of a class of persons
179179 designated under subsection (a) of this section and who reports the
180180 information required to be reported under such subsection in good faith
181181 and without malice to a county or joint board of health, a local health
182182 officer or the department of health and environment shall have immunity
183183 from any liability, civil or criminal, that might otherwise be incurred or
184184 imposed in an action resulting from such report. Any such person shall
185185 have the same immunity with respect to participation in any judicial
186186 proceeding resulting from such report.
187187 (c) Information required to be reported under subsection (a) of this
188188 section shall be confidential and shall not be disclosed or made public,
189189 upon subpoena or otherwise, beyond the requirements of subsection (a) of
190190 this section or subsection (a) of K.S.A. 65-119(a), and amendments
191191 thereto, except such information may be disclosed:
192192 (1) If no person can be identified in the information to be disclosed
193193 and the disclosure is for statistical purposes;
194194 (2) if all persons who are identifiable in the information to be
195195 disclosed consent in writing to its disclosure;
196196 (3) if the disclosure is necessary, and only to the extent necessary, to
197197 protect the public health;
198198 (4) if a medical emergency exists and the disclosure is to medical
199199 personnel qualified to treat infectious or contagious diseases. Any
200200 information disclosed pursuant to this paragraph shall be disclosed only to
201201 the extent necessary to protect the health or life of a named party; or
202202 (5) if the information to be disclosed is required in a court proceeding
203203 involving child abuse and the information is disclosed in camera.
204204 Sec. 5. K.S.A. 65-119 is hereby amended to read as follows: 65-119.
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248248 (a) Any county or joint board of health or local health officer having
249249 knowledge of any infectious or contagious disease, or of a death from such
250250 disease, within their jurisdiction, shall immediately exercise and maintain
251251 a supervision over such case or cases during their continuance, seeing that
252252 all such cases are properly cared for and that the provisions of this act as
253253 pertaining to isolation, restriction of communication, quarantine and
254254 disinfection are duly enforced. The county or joint board of health or local
255255 health officer shall communicate without delay all information as
256256 pertaining to existing conditions to the secretary of health and
257257 environment. The local health officer shall confer personally, if
258258 practicable, otherwise by letter, with the person in attendance upon the
259259 case, as to its future management and control. The county or joint board of
260260 health or local health officer is hereby empowered and authorized to
261261 prohibit may recommend against public gatherings when necessary for the
262262 control of any and all infectious or contagious disease.
263263 (b) Any disclosure or communication of information relating to
264264 infectious or contagious diseases required to be disclosed or
265265 communicated under subsection (a) of this section shall be confidential
266266 and shall not be disclosed or made public beyond the requirements of
267267 subsection (a) of this section or subsection (a) of K.S.A. 65-118(a), and
268268 amendments thereto, except as otherwise permitted by subsection (c) of
269269 K.S.A. 65-118(c), and amendments thereto.
270270 Sec. 6. K.S.A. 65-128 is hereby amended to read as follows: 65-128.
271271 (a) For the protection of the public health and for the control of infectious
272272 or contagious diseases, the secretary of health and environment by rules
273273 and regulations shall designate submit a report of such diseases as that are
274274 infectious or contagious in their nature to the speaker of the house of
275275 representatives and the president of the senate.
276276 (b) The secretary of health and environment is authorized to issue
277277 such orders and adopt rules and regulations as may be medically necessary
278278 and reasonable recommend ways to prevent the spread and dissemination
279279 of diseases injurious to the public health, including, but not limited to,
280280 providing for the testing for such diseases and may recommend the
281281 isolation and quarantine of persons afflicted with or exposed to such
282282 diseases.
283283 (c) No later than January 1, 2014, The secretary shall develop and
284284 adopt rules and regulations providing for make recommendations for
285285 preventing the introduction and spread of infectious or contagious disease
286286 within this state and the protection of individuals who provide medical or
287287 nursing services, clinical or forensic laboratory services, emergency
288288 medical services and firefighting, law enforcement and correctional
289289 services, or who provide any other service, or individuals who receive any
290290 such services or are in any other employment where the individual may
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334334 encounter occupational exposure to blood and other potentially infectious
335335 materials.
336336 Sec. 7. K.S.A. 65-129b is hereby amended to read as follows: 65-
337337 129b. (a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-
338338 123, 65-126 and 65-128, and amendments thereto, and any rules or
339339 regulations adopted thereunder, in investigating actual or potential
340340 exposures to an infectious or contagious disease that is potentially life-
341341 threatening, the local health officer or the secretary:
342342 (1) (A)(a) May issue an order requiring recommend an individual
343343 who whom the local health officer or the secretary has reason to believe
344344 has been exposed to an infectious or contagious disease to seek appropriate
345345 and necessary evaluation and treatment;
346346 (B)(b) when the local health officer or the secretary determines that it
347347 is medically necessary and reasonable to prevent or reduce the spread of
348348 the disease or outbreak believed to have been caused by the exposure to an
349349 infectious or contagious disease, may order recommend an individual or
350350 group of individuals to go to and remain in places of isolation or
351351 quarantine until the local health officer or the secretary determines that the
352352 individual no longer poses a substantial risk of transmitting the disease or
353353 condition to the public;
354354 (C)(c) if a competent individual of who is 18 years of age or older or
355355 an emancipated minor refuses vaccination, medical examination, treatment
356356 or testing under this section, may require recommend the individual to go
357357 to and remain in a place of isolation or quarantine until the local health
358358 officer or the secretary determines that the individual no longer poses a
359359 substantial risk of transmitting the disease or condition to the public; and
360360 (D)(d) if, on behalf of a minor child or ward, a parent or guardian
361361 refuses vaccination, medical examination, treatment or testing under this
362362 section, may require recommend the minor child or ward to go to and
363363 remain in a place of isolation or quarantine and must shall allow the parent
364364 or guardian to accompany the minor child or ward until the local health
365365 officer or the secretary determines that the minor child or ward no longer
366366 poses a substantial risk of transmitting the disease or condition to the
367367 public; and
368368 (2) may order any sheriff, deputy sheriff or other law enforcement
369369 officer of the state or any subdivision to assist in the execution or
370370 enforcement of any order issued under this section.
371371 Sec. 8. K.S.A. 65-129d is hereby amended to read as follows: 65-
372372 129d. It shall be unlawful for any A public or private employer to shall not
373373 discharge an employee solely because the employee or an immediate
374374 family member of the employee is under an order of following an isolation
375375 or quarantine recommendation from a local health officer or solely
376376 because of such employee's vaccination status. The violation of this
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420420 section is punishable as a violation of K.S.A. 65-129, and amendments
421421 thereto In an action against an employer for a violation of this section, the
422422 court shall award a prevailing plaintiff the actual damages such person
423423 sustained, costs and reasonable attorney fees.
424424 Sec. 9. K.S.A. 2023 Supp. 65-202 is hereby amended to read as
425425 follows: 65-202. (a) The local health officer in each county throughout the
426426 state, immediately after such officer's appointment, shall:
427427 (1) Take the same oath of office prescribed by law for the county
428428 officers, shall;
429429 (2) give bond of $500 conditioned for the faithful performance of the
430430 officer's duties, shall;
431431 (3) keep an accurate record of all the transactions of such office,
432432 shall;
433433 (4) turn over to the successor in office or to the county or joint board
434434 of health selecting such officer, on the expiration of such officer's term of
435435 office, all records, documents and other articles belonging to the office;
436436 and shall
437437 (5) faithfully account to the board of county commissioners and to the
438438 county and state for all moneys coming into the office. Such officer shall
439439 notify the secretary of health and environment of such officer's
440440 appointment and qualification, and provide the secretary with such
441441 officer's contact information.
442442 (b) Such officer shall receive and distribute without delay in the
443443 county all forms from the secretary of health and environment to the
444444 rightful persons, all returns from persons licensed to practice medicine and
445445 surgery, assessors and local boards to said secretary, shall keep an accurate
446446 record of all of the transactions of such office and shall turn over all
447447 records and documents kept by such officer, the successor in office, or to
448448 the county or joint board electing such officer, on the expiration of the
449449 term of office.
450450 (c) The local health officer shall upon the opening of the fall term of
451451 school, make a sanitary inspection of each school building and grounds,
452452 and shall make such additional inspections as are necessary to protect the
453453 public health of the students of the school.
454454 (c)(d) (1) Such officer shall make an investigation of each case of
455455 smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior
456456 poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis and
457457 such other acute infectious, contagious or communicable diseases as may
458458 be required, and shall use all known medically necessary and reasonable
459459 measures to prevent the spread of any such infectious, contagious or
460460 communicable disease, and shall perform such other duties as this act, the
461461 county or joint board, or board of health or the secretary of health and
462462 environment may require.
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506506 (2) Any order issued by the local health officer, including Orders
507507 issued as a result of an executive order of the governor, on behalf of a
508508 county regarding the remediation of any infectious disease may be
509509 reviewed, amended or revoked by the board of county commissioners of
510510 any county affected by such order in the manner provided by K.S.A. 65-
511511 201(b), and amendments thereto.
512512 (e) Such officer shall receive compensation as set by the board and,
513513 with the approval of the board of health, may employ a skilled professional
514514 nurse and other additional personnel whenever deemed necessary for the
515515 protection of the public health.
516516 (f) For any failure or neglect of the local health officer to perform any
517517 of the duties prescribed in this act, the officer may be removed from office
518518 by the county board of health. In addition to removal from office, for any
519519 failure or neglect to perform any of the duties prescribed by this act, the
520520 local health officer shall be deemed guilty of a misdemeanor and, upon
521521 conviction, be fined not less $10 nor more than $100 for each and every
522522 offense.
523523 Sec. 10. K.S.A. 2023 Supp. 72-5180 is hereby amended to read as
524524 follows: 72-5180. (a) Commencing in the 2021-2022 school year, except
525525 as otherwise provided in this section, no school district shall provide or
526526 offer to any student enrolled in the district more than a total of 40 school
527527 term hours of remote learning unless:
528528 (1) The board of education of the school district has authorized a
529529 student to temporarily attend school through remote learning in excess of
530530 the 40-hour limitation pursuant to a temporary individual exemption
531531 granted pursuant to subsection (b); or
532532 (2) due to a disaster, the state board of education has authorized the
533533 school district to conduct remote learning in excess of the 40-hour
534534 limitation pursuant to subsection (c) or has waived the limitations provided
535535 in subsection (d).
536536 (b) The board of education of a school district may temporarily
537537 suspend the remote learning limitation provided in subsection (a) on an
538538 individual student basis for any student who cannot reasonably attend
539539 school in person due to an illness, medical condition, injury or any other
540540 extraordinary circumstance that would necessitate remote learning to allow
541541 the student to continue to receive an education during the existence of such
542542 circumstance. The board of education of the school district shall notify the
543543 state board of any individual exemptions provided pursuant to this
544544 subsection and the reason for such exemption.
545545 (c) The state board of education may authorize a school district to
546546 exceed the 40-hour remote learning limitation upon application by the
547547 school district. The application may be granted by the state board of
548548 education upon:
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592592 (1) Certification by a school district that, due to a disaster, conditions
593593 resulting from widespread or severe property damage caused by the
594594 disaster or other conditions restricting the operation of public schools will
595595 exist in the school district for an inordinate period of time; and
596596 (2) a determination by the state board that the school district cannot
597597 reasonably adjust its schedule to comply with the requirements of this
598598 section unless remote learning is conducted for a period of time not to
599599 exceed 240 school term hours, unless such limitation is waived by the state
600600 board pursuant to subsection (d).
601601 (d) The state board of education may waive the requirements of law
602602 relating to the remote learning limitations pursuant to subsection (c) in any
603603 school year upon application for such waiver by a school district. The
604604 waiver may be granted by the state board of education upon:
605605 (1) Certification by a board of education that, due to a disaster,
606606 conditions resulting from widespread or severe property damage caused by
607607 the disaster or other conditions restricting the operation of public schools
608608 will exist in the school district for an inordinate period of time; and
609609 (2) a determination by the state board that the school district cannot
610610 reasonably adjust its schedule to comply with such requirements of law
611611 and that remote learning beyond the limitations provided in subsection (c)
612612 is necessary to allow the school district to continue to provide education to
613613 students during such conditions.
614614 (e) (1) Any student who attends a school of a school district through
615615 remote learning in excess of the remote learning limitations provided
616616 pursuant to this section shall be deemed a remote learning student and
617617 shall be counted as a remotely enrolled student for state aid purposes.
618618 (2) On or before June 30 of each school year:
619619 (A) A school district that offers remote learning during the school
620620 year shall determine the remote enrollment of the district based on the
621621 number of students remotely enrolled in accordance with this section;
622622 (B) the clerk or superintendent of each school district shall certify
623623 under oath to the state board a report showing the remote enrollment of the
624624 school district determined pursuant to this subsection by the grades
625625 maintained in the schools of the school district. The state board shall
626626 examine such reports upon receipt, and if the state board finds any errors
627627 in any such report, the state board shall consult with the school district
628628 officer furnishing the report and make any necessary corrections in the
629629 report; and
630630 (C) the state board shall determine the number of students who were
631631 included in the remote enrollment of each school district and recompute
632632 the enrollment of the school district as required pursuant to this subsection.
633633 (3) A school district that offers remote learning and is determined to
634634 have remotely enrolled students pursuant to this section shall receive
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678678 remote enrollment state aid. The state board shall determine the amount of
679679 remote enrollment state aid a school district is to receive by multiplying
680680 the remote enrollment of the school district by $5,000. No remote
681681 enrollment state aid shall be provided for any student who participates in
682682 remote learning on a part-time basis during the school day.
683683 (4) The state board shall notify each school district of the amount of
684684 remote enrollment state aid the district shall receive pursuant to this
685685 section and, pursuant to K.S.A. 72-5136, and amendments thereto, shall:
686686 (A) Require the district to remit any such amount of overpayment
687687 made to the district in the current school year; or
688688 (B) deduct the excess amounts paid to the district from future
689689 payments made to the school district.
690690 (5) If a student is included in the remote enrollment of a district
691691 pursuant to this subsection, such student shall not be included in the
692692 adjusted enrollment of the district in the current school year.
693693 (f) Each school district that determines remote enrollment pursuant to
694694 this section shall submit any documentation or information required by the
695695 state board.
696696 (g) As used in this section, "disaster" means a state of disaster
697697 emergency declared by proclamation of the governor pursuant to K.S.A.
698698 48-924, and amendments thereto, closure of schools by order issued by a
699699 county or joint board of health, a local health officer pursuant to K.S.A.
700700 65-119, and amendments thereto, or the secretary of health and
701701 environment pursuant to K.S.A. 65-126, and amendments thereto, or
702702 occurrence of widespread or severe damage, injury or loss of life or
703703 property resulting from any natural or manmade cause, including, but not
704704 limited to, fire, flood, earthquake, tornado, wind, storm, an epidemic, air
705705 contamination, blight, drought, infestation or explosion.
706706 (h) This section shall be a part of and supplemental to the Kansas
707707 school equity and enhancement act.
708708 (i) This section shall take effect and be in force from and after July 1,
709709 2021.
710710 Sec. 11. K.S.A. 65-116g, 65-118, 65-119, 65-126, 65-127, 65-128,
711711 65-129, 65-129b, 65-129c and 65-129d and K.S.A. 2023 Supp. 65-101,
712712 65-202 and 72-5180 are hereby repealed.
713713 Sec. 12. This act shall take effect and be in force from and after its
714714 publication in the statute book.
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