As Amended by House Committee
Session of 2025
Substitute for SENATE BILL No. 29
By Committee on Public Health and Welfare
2-13
AN ACT concerning public health; removing the authorization for a
county or joint board of health or local health officer to prohibit public
gatherings when necessary for the control of infectious or contagious
diseases; amending K.S.A. 65-119 and 65-129b and K.S.A. 2024
Supp. 65-101 and repealing the existing section sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 65-101 is hereby amended to read as
follows: 65-101. (a) The secretary of health and environment shall
exercise general supervision of the health of the people of the state and
may:
(1) Where authorized by any other statute, require reports from
appropriate persons relating to the health of the people of the state, so
that a determination of the causes of sickness and death among the
people of the state may be made through the use of these reports and
other records;
(2) investigate the causes of disease, including especially,
epidemics and endemics, the causes of mortality and effects of locality,
employments, conditions, food, water supply, habits and other
circumstances affecting the health of the people of this state and the
causes of sickness and death;
(3) advise other offices and agencies of government concerning
location, drainage, water supply, disposal of excreta and heating and
ventilation of public buildings;
(4) make sanitary inspection and survey of such places and
localities as the secretary deems advisable;
(5) take action to prevent the introduction of infectious or contagious
disease into this state and to prevent the spread of infectious or contagious
disease within this state. If such action is intended to exclude, isolate,
quarantine or otherwise restrict movement of people within the state, then
such action shall not be taken without probable cause, supported by oath or
affirmation; and
(6) provide public health outreach services to the people of the
state, including educational and other activities designed to increase
the individual's awareness and appropriate use of public and other
preventive health services.
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(b) The secretary of health and environment may adopt rules and
regulations necessary to carry out the provisions of subsection (a). In
addition to other remedies provided by law, the secretary is authorized
to apply to the district court, and such court shall have jurisdiction
upon a hearing and for cause shown to grant a temporary or
permanent injunction to compel compliance with such rules and
regulations.
(c) In the event of a state of disaster emergency declared by the
governor pursuant to K.S.A. 48-924, and amendments thereto, or a
state of local disaster emergency declared pursuant to K.S.A. 48-932,
and amendments thereto, the legislature may revoke an order issued
by the secretary to take action related to such disaster emergency as
provided in this subsection. Such order may be revoked at any time by
concurrent resolution of the legislature or, when the legislature is not
in session or is adjourned during session for three or more days, such
order may be revoked by the legislative coordinating council with the
affirmative vote of five members thereof.
(d) Any party aggrieved by an action taken pursuant to K.S.A. 65-101
through 65-129f, and amendments thereto, may file a civil action in the
district court of the county where the order was issued within 30 days after
such order is issued. A request for a hearing shall not stay or enjoin an
isolation or quarantine order. The court shall conduct a hearing within 72
hours after receipt of a petition in any such action. The court shall grant
the request for relief unless the court finds that such order is narrowly
tailored to the purpose stated in the order and uses the least restrictive
means to achieve such purpose.
Section 1. Sec. 2. K.S.A. 65-119 is hereby amended to read as
follows: 65-119. (a) Any county or joint board of health or local health
officer having knowledge of any infectious or contagious disease, or of a
death from such disease, within their jurisdiction, shall immediately
exercise and maintain a supervision over such case or cases during their
continuance, seeing that all such cases are properly cared for and that the
provisions of this act as pertaining to isolation, restriction of
communication, quarantine and disinfection are duly enforced. The county
or joint board of health or local health officer shall communicate without
delay all information as pertaining to existing conditions to the secretary
of health and environment. The local health officer shall confer personally,
if practicable, otherwise by letter, with the person in attendance upon the
case, as to its future management and control. The county or joint board of
health or local health officer is hereby empowered and authorized to
prohibit may recommend against public gatherings when necessary for the
control of any and all infectious or contagious disease.
(b) Any disclosure or communication of information relating to
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infectious or contagious diseases required to be disclosed or
communicated under subsection (a) of this section shall be confidential
and shall not be disclosed or made public beyond the requirements of
subsection (a) of this section or subsection (a) of K.S.A. 65-118(a), and
amendments thereto, except as otherwise permitted by subsection (c) of
K.S.A. 65-118(c), and amendments thereto.
Sec. 3. K.S.A. 65-129b is hereby amended to read as follows: 65-
129b. (a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-
123, 65-126 and 65-128, and amendments thereto, and any rules or
regulations adopted thereunder, in investigating actual or potential
exposures to an infectious or contagious disease that is potentially life-
threatening, the local health officer or the secretary:
(1) (A) May issue an order requiring an individual who the local
health officer or the secretary has reason to believe has been exposed
to an infectious or contagious disease to seek appropriate and
necessary evaluation and treatment;
(B)(2) when the local health officer or the secretary determines that it
is medically necessary and reasonable to prevent or reduce the spread of
the disease or outbreak believed to have been caused by the exposure to an
infectious or contagious disease, may order an individual or group of
individuals to go to and remain in places of isolation or quarantine until
the local health officer or the secretary determines that the such individual
no longer poses a substantial risk of transmitting the disease or condition
to the public;
(C)(3) if a competent individual of 18 years of age or older or an
emancipated minor refuses vaccination, medical examination, treatment or
testing under this section, may require the an individual to go to and
remain in a place of isolation or quarantine until the local health officer or
the secretary determines that the such individual no longer poses a
substantial risk of transmitting the disease or condition to the public; and
(D)(4) if, on behalf of a minor child or ward, a parent or guardian
refuses vaccination, medical examination, treatment or testing under this
section, may require the a minor child or ward to go to and remain in a
place of isolation or quarantine and must shall allow the parent or guardian
to accompany the such minor child or ward until the local health officer or
the secretary determines that the such minor child or ward no longer poses
a substantial risk of transmitting the disease or condition to the public; and
(2) may order any sheriff, deputy sheriff or other law enforcement
officer of the state or any subdivision to assist in the execution or
enforcement of any order issued under this section.
Sec. 2. 4. K.S.A. 65-119 is and 65-129b and K.S.A. 2024 Supp. 65-
101 are hereby repealed.
Sec. 3. 5. This act shall take effect and be in force from and after its
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publication in the statute book.1