SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2198
As Recommended by House Committee on
Health and Human Services

Brief*
HB 2198 would allow for the use of expedited partner
therapy.
As defined in the bill, “expedited partner therapy” would
mean to prescribe, administer, dispense, or otherwise provide
antimicrobial drugs to a sexual partner of a patient clinically
diagnosed by a healthcare provider as infected with a
sexually transmitted disease without a physical examination
of such sexual partner. The bill would define “sexually
transmitted disease” to mean any disease transmitted
through sexual contact defined by rules and regulations
adopted by the Secretary of Health and Environment
(Secretary) as reportable infectious diseases set forth in
Kansas statute, and designated as appropriate for expedited
partner therapy by rules and regulations adopted by the
Secretary.
The bill would allow a healthcare provider who clinically
diagnoses a patient with a sexually transmitted disease to
provide expedited partner therapy if the healthcare provider
determines the patient’s sexual partner is unlikely or unable
to present for examination, testing, and treatment. The bill
would require a healthcare provider who provides expedited
partner therapy to provide counseling to the patient, including
distributing written materials developed and provided by the
Kansas Department of Health and Environment (KDHE) to be
given by the patient to the patient’s sexual partner. The bill
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
would require the following information be included in the
written materials:
● A warning that a woman who is pregnant or might
be pregnant should not take certain antibiotics and
should immediately contact a healthcare provider
for an examination;
● Information about the antimicrobial drug and
dosage provided or prescribed, including a warning
that a sexual partner who has a history of allergy to
the drug or the pharmaceutical class of drug should
not take the drug and should immediately contact a
healthcare provider for examination;
● Information about the treatment and prevention of
sexually transmitted diseases;
● The requirement of sexual abstinence until a period
of time after treatment to prevent infecting other
sexual partners;
● Notification of the importance of the sexual
partner’s receiving examination and testing for
human immunodeficiency virus and other sexually
transmitted diseases and information about
available resources;
● Notification of the risk to the patient, the patient’s
sexual partner, and the general public if the
sexually transmitted disease is not completely and
successfully treated;
● The responsibility of the sexual partner to inform
the sexual partner’s own sexual partners of the risk
of sexually transmitted disease and the importance
of prompt examination and treatment by a
healthcare provider; and


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 ● Such other information deemed necessary by the
Secretary.
A healthcare provider would use expedited partner
therapy only for a patient’s sexual partner who could have
been exposed to a sexually transmitted disease within 60
days immediately prior to the patient’s clinical diagnosis and
who could be contacted and identified by the patient.
The bill would provide no healthcare provider or
pharmacist would be liable for civil damages resulting from
any act or omission in good faith compliance with the
provisions in the bill, including civil damages for refusing to
provide expedited partner therapy, other than an act or
omission constituting gross negligence or willful or wanton
misconduct. The bill would also provide no healthcare
provider or pharmacist would be subject to disciplinary action
by the State Board of Healing Arts, the Board of Nursing, or
the State Board of Pharmacy resulting from an act or
omission in good faith compliance with the provisions of the
bill, other than an act or omission constituting gross
negligence or willful or wanton misconduct.

Background
The bill was introduced by the House Committee on
Health and Human Services at the request of Representative
Eplee on behalf of the American College of Obstetricians and
Gynecologists.
In the House Committee hearing, proponent testimony
was provided by three obstetrician and gynecologists, and a
representative from the KDHE Bureau of Disease Control and
Prevention. The proponents generally stated the bill would be
a benefit to the public health by helping prevent the spread
and repeated contraction of sexually transmitted diseases.
Proponent written-only testimony was provided from a
representative of the Kansas Medical Society.

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 No opponent or neutral testimony was provided
According to the fiscal note prepared by the Division of
the Budget, KDHE indicates enactment of the bill would have
no fiscal effect. The Board of Healing Arts indicates the bill
could increase responsibilities and workload for staff, but it is
unable to estimate the precise fiscal effect of the bill. The
Board of Pharmacy indicates there could be additional staff
time to ensure compliance with the bill, but it is unable to
estimate the precise fiscal effect. Any fiscal effect associated
with enactment of the bill is not reflected in The FY 2020
Governor’s Budget Report.


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