Substitute for SENATE BILL No. 29
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 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.
(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. Substitute for SENATE BILL No. 29—page 2
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
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 Substitute for SENATE BILL No. 29—page 3
enforcement of any order issued under this section.
Sec. 4. K.S.A. 65-119 and 65-129b and K.S.A. 2024 Supp. 65-101
are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.