Session of 2025
SENATE BILL No. 234
By Committee on Federal and State Affairs
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AN ACT concerning medical technology; prohibiting medical and research
facilities from using genetic sequencers or operational software used
for genetic analysis that is produced in or by a foreign adversary.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section:
(1) "DNA" means deoxyribonucleic acid, ribonucleic acid and
chromosomes that may be analyzed to detect heritable diseases or
conditions, including the identification of carriers, predicting risk of
disease or establishing a clinical diagnosis.
(2) "Foreign adversary" means the people's republic of China, the
Russian federation, the Islamic republic of Iran, the democratic people's
republic of Korea, the republic of Cuba, the Venezuelan regime of Nicolas
Maduro or the Syrian Arab republic, including any agent of or any other
entity under significant control of such foreign adversary, or any other
entity deemed to be a foreign adversary by the governor in consultation
with the adjutant general.
(3) "Genetic sequencer" means any device or platform used to
conduct genetic analysis, resequencing, isolation or other genetic research.
(4) "Human genome" means DNA or ribonucleic acid that is found in
human cells.
(5) "Medical facility" means a facility for the delivery of health
services that receives state moneys, including interagency pass-through
appropriations from the federal government, and conducts research or
testing on, with or relating to genetic analysis or the human genome.
(6) "Operational or research software" means computer programs
used for the operation, control, analysis or other necessary functions of
genetic analysis or genetic sequencers.
(7) "Research facility" means a facility that receives state moneys,
including interagency pass-through appropriations from the federal
government and conducts research on, with or relating to genetic analysis
or the human genome.
(b) All medical facility or research facility in this state shall not
utilize genetic sequencers or operational or research software used for
genetic analysis produced in or by a foreign adversary, a state-owned
enterprise of a foreign adversary, a company domiciled within a foreign
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adversary or a company-owned or company-controlled subsidiary of a
company domiciled within a foreign adversary for the purpose of
conducting genetic analysis.
(c) All genetic sequencers and operational and research software used
for genetic sequencers or genetic analysis devices prohibited under
subsection (b) that is not permanently disabled shall be removed and
replaced with genetic sequencers and operational and research software
used for genetic sequencers or genetic analysis that is not prohibited under
subsection (b).
(d) Subject to appropriations, a medical facility or research facility in
this state may request a reimbursement from the state treasurer up to the
cost of replacement of the equipment and software prohibited under
subsection (b) from the state treasurer, provided the request includes
purchase orders and is submitted prior to October 1, 2025.
(e) The provisions of this section are severable. If any provision of
this section is declared unconstitutional or invalid, or the application of
any portion of the act to any person or circumstance is held
unconstitutional or invalid, the invalidity shall not affect other portions of
the act that can be given effect without the invalid portion or application,
and the applicability of such other portions of the act to any person or
circumstance shall remain valid and enforceable.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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