Kansas 2023-2024 Regular Session

Kansas Senate Bill SB391

Introduced
1/24/24  
Refer
1/25/24  
Report Pass
2/21/24  
Engrossed
2/28/24  
Refer
2/28/24  

Caption

Enacting the constitutional right to health freedom act to regulate the activities of the secretary of health and environment related to public health functions; repealing statutes relating to the secretary's authority to quarantine individuals and impose associated penalties.

Impact

If enacted, SB391 would alter existing public health laws, especially those related to the authority of health officials to impose quarantines. The amendments proposed in the bill would limit the Secretary's ability to unilaterally direct health interventions during outbreaks, forcing most public health directives to be recommendatory rather than mandatory, which may lead to inefficiencies in managing public health crises.

Summary

Senate Bill 391, titled the 'Constitutional Right to Health Freedom Act', proposes significant changes to the authority vested in the Secretary of Health and Environment and local health officers in Kansas concerning the management of public health, specifically regarding infectious and contagious diseases. This act aims to revoke the Secretary’s power to mandate isolation or quarantine of individuals and impose associated penalties for noncompliance, thereby decentralizing public health decisions and reducing governmental control over individual health choices.

Contention

This bill has sparked a debate among legislators and public health advocates, reflecting a tension between individual rights and collective health security. Proponents argue that the bill enhances personal liberties and prevents governmental overreach during health emergencies, while critics worry that it undermines local health agencies’ ability to respond effectively to public health threats and could lead to increased disease transmission in the absence of enforceable quarantine measures.

Companion Bills

No companion bills found.

Previously Filed As

KS SB6

Restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases; repealing the authority of the secretary to quarantine individuals and impose associated penalties.

KS HB2390

House Substitute for HB 2390 by Committee on Public Health and Welfare - Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of acquired and related records, restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases and repealing the authority of the secretary to quarantine individuals and impose associated penalties.

KS HB2285

Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of related records, restricting the authority of the secretary of health and environment and local health officers to control the spread of infectious or contagious diseases, repealing the authority of the secretary to quarantine individuals and impose penalties for violations thereof and prohibiting the secretary of health and environment from requiring COVID-19 vaccination for children attending a child care facility or school.

KS SB29

Substitute for SB 29 by Committee on Public Health and Welfare - Removing the authority of the county or joint board of health or local health officer to prohibit public gatherings when necessary for the control of infectious or contagious disease.

KS SB390

Enacting the conscientious right to refuse act to prohibit discrimination against individuals to refuse medical care and creating a civil cause of action based on such discrimination; repealing the authority of the secretary of health and environment to quarantine individuals and impose associated penalties.

KS SB19

Enacting the conscientious right to refuse act to prohibit discrimination against individuals who refuse medical care and creating a civil cause of action based on such discrimination and revoking the authority of the secretary of health and environment to quarantine individuals and impose associated penalties.

KS HB3138

To update the requirements of the state director of health to quarantine and enforce regulations in a specific place

KS HB4929

To update the requirements of the state director of health to quarantine and enforce regulations in a specific place

KS HB2510

Relating to the continuation and functions of the Department of State Health Services, the provision of health services in this state, and the regulation of certain health-related occupations and activities.

KS HB2785

Transferring certain child care programs to the Kansas office of early childhood and separating licensing duties between the secretary for health and environment and the executive director of early childhood.

Similar Bills

KS SB29

Substitute for SB 29 by Committee on Public Health and Welfare - Removing the authority of the county or joint board of health or local health officer to prohibit public gatherings when necessary for the control of infectious or contagious disease.

KS HB2285

Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of related records, restricting the authority of the secretary of health and environment and local health officers to control the spread of infectious or contagious diseases, repealing the authority of the secretary to quarantine individuals and impose penalties for violations thereof and prohibiting the secretary of health and environment from requiring COVID-19 vaccination for children attending a child care facility or school.

KS HB2390

House Substitute for HB 2390 by Committee on Public Health and Welfare - Requiring the secretary of health and environment to study drug overdose death cases and providing for the confidentiality of acquired and related records, restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases and repealing the authority of the secretary to quarantine individuals and impose associated penalties.

KS SB6

Restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases; repealing the authority of the secretary to quarantine individuals and impose associated penalties.

VA HB594

Magistrates; appointment and supervision.

CA AB402

Weeds: Broomrape Program.

CA AB1620

Broomrape Control Program.

CA AB239

Avocado oil: regulations: standards of identity.