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Kansas Legislative Update - Jan. 27, 2023

01/27/2023 5:37 PM | Anonymous member (Administrator)

This week was a week of level setting and the Legislature and Governor staking out their space for the rest of the 2023 session. For us, that means this weeks update will be pretty short.

On Tuesday the Governor delivered her State of the State speech. In that speech she outlined the administration's priorities for 2023.

Immediately after the speech, the Republican response was provided by Senate President Ty Masterson.

The text of these speeches gives a pretty good indication of where a great deal of the time and effort in the Statehouse will be focused this session. There already have been a substantial number of bills introduced covering tax, education, and election issues.

The only new bill we have added to our watch list this week is HB2202, which would exempt over-the-counter drugs from the state sales tax.

Bills We are Championing - We have received the finished draft of a bill we have been promoting this session that would allow pharmacy technicians to continue to administer vaccinations after the expiration of the COVID-related Public Readiness and Emergency Preparedness Act (PREP Act) provisions. As part of the PREP Act all adequately trained and supervised pharmacy technicians could administer most vaccinations. In the bill we have requested, pharmacy technicians will be added to the list of those that can administer vaccinations under Kansas law. We hope to have the bill introduced in the coming week.

Bills We are Watching

SB5 - would amend the Kansas Telemedicine Act (Act) to clarify that “abortion procedure” includes the prescribing of drugs intended to induce an abortion.  Current provisions state that nothing in the Act shall be construed to authorize the delivery of an abortion procedure via telemedicine.  The bill would also prohibit those sections of the Act related to abortion from being altered or suspended during any state of disaster emergency declared by the Governor pursuant to KSA 48-924.Bill referred to committee. Currently, no action scheduled.

SB6 – would restrict 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. Bill referred to committee. Currently, no action scheduled.

SB12 - would create the Kansas Child Mutilation Prevention Act and would define the crime of unlawful gender reassignment service.  The bill lists specific acts that would be considered knowingly performing, or causing to be performed, unlawful gender reassignment service upon a person under 21 years of age to attempt to change or affirm the person’s perception of the person’s sex if that perception is inconsistent with the person’s sex.  SB 12 categorizes unlawful gender reassignment service as a severity-level four, person felony.  The bill would allow for exceptions in certain cases where a person was born with a medically verifiable disorder of sex development.  The bill would also add violation of the Kansas Child Mutilation Prevention Act to the definition of “unprofessional conduct” under KSA 65-2837, as related to licensure under the Kansas Healing Arts Act. Bill referred to committee. Currently, no action scheduled.

SB20 - would expand KSA 44-663 related to employer COVID-19 vaccine requirements to cover any vaccine requirement imposed by an employer.  This would include requiring an employee to receive a vaccine, requiring an employee to provide documentation certifying receipt of a vaccine, or enforcement of those requirements by the federal government or any other entity.  The bill would define “vaccine” as an immunization, vaccination, injection, or series thereof that is administered to stimulate immunity against a particular disease.  The definition of “employee” would also be amended to include students in high school and postsecondary educational institutions who interact with patients and deliver care at healthcare facilities under the supervision of licensed individuals.     In addition, the bill would amend provisions related to vaccine requirements for maternity centers, childcare facilities, and schools by requiring exemptions for sincerely held religious beliefs without inquiry into the sincerity of the request.  Religious beliefs would include, but not be limited to, theistic and non-theistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views.  The bill would also require the plaintiff statutory damages of $25,000 in actions against childcare facilities or schools for violations of the religious belief exemption. Bill referred to committee. Currently, no action scheduled.

HB2007 - would prohibit the Secretary of Health and Environment from requiring a COVID-19 vaccine for any child cared for in a childcare facility or any student as defined in KSA 72-6262.  COVID-19 vaccine would be defined as an immunization, vaccination, or injection against disease caused by the novel coronavirus, defined as SARS-CoV-2 or disease caused by a variant of the virus. Bill referred to committee. Currently, no action scheduled.

HB2202 - would exempt over-the-counter drugs from the state sales tax. Bill referred to committee. Currently, no action scheduled.

If you have any questions or any thoughts you would like us to consider in our advocacy on these or other issues, please reach out to

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    Topeka, KS 66604
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