SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 6
As Recommended by Senate Committee on
Public Health and Welfare

Brief*
SB 6 would restrict the duties and authority of the
Secretary of Health and Environment (Secretary) and local
health officers regarding infectious and contagious diseases.
The bill would amend statutes relating to tuberculosis,
remove the reporting requirement for teachers and school
administrators regarding knowledge or suspicion of an
infectious or contagious disease, remove the requirement for
enforcement of isolation and quarantine orders by law
enforcement officers, provide employment protection for
employees who isolate or quarantine, and address orders for
school closure during a disaster.

General Authority of the Secretary of Health and
Environment (Section 1)
The bill would amend the statute establishing the
general powers and functions of the Secretary to specifically
state that the Secretary is prohibited from carrying out such
powers and functions if those powers conflict with any other
statute or expand their authority.

Statutory Provisions Related to Tuberculosis (Section 2)
The bill would amend the statutes related to infectious
and contagious diseases to make it unlawful for any person to
violate any provisions relating to tuberculosis, or any
____________________
*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
associated rules or regulations made by the Secretary. Any
such violation would be a class C nonperson misdemeanor.
The bill would clarify the statutes included in this provision.

Teacher and School Administrator Reporting (Section 3)
The bill would remove the requirement for a teacher or
school administrator to report to local health officials a person
who has or is suspected of having an infectious or contagious
disease.

County, Joint Board of Health, and Local Health Officer
Authority (Section 4)
The bill would remove the authority of the county or joint
board of health or local health officer to prohibit public
gatherings when necessary for the control of infectious or
contagious disease.

Authority of Secretary and Local Health Officer
Regarding Infectious or Contagious Diseases (Section
5)
The bill would remove the authority of the Secretary to
designate infectious or contagious diseases. The Secretary
would be required to submit a report of infectious or
contagious diseases to the Speaker of the House of
Representatives and the President of the Senate.
The bill would authorize the Secretary to recommend to
the public and educate them in ways to prevent the spread of
diseases. The bill would remove the authority of the Secretary
to provide for the testing for infectious or contagious diseases
and the isolation and quarantine of persons afflicted with such
diseases and to issue medically necessary orders and rules
and regulations to prevent the spread of disease to the public.

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 The bill would authorize the Secretary to make
recommendations for preventing the spread and introduction
and spread of infectious or contagious diseases. The bill
would remove the Secretary’s authority to develop and adopt
rules and regulations for the protection of individuals who
provide medical and nursing services, clinical or forensic
laboratory services, emergency medical services, firefighting,
law enforcement and correctional services, or other services
or persons who receive the services provided or are
employed in other services where the individual or person
may encounter occupational exposure to blood or other
infectious material.
The bill would remove the authority of either the local
health officer or Secretary to issue an order to an individual
who may have been exposed to an infectious or contagious
disease to seek evaluation and treatment. It would authorize
the local health officer to recommend the individual seek
appropriate and necessary evaluation and treatment.
The bill would remove the authority of either the local
health officer or Secretary to issue an order to a person or
group of people who may have been exposed to an infectious
or contagious disease to go into and remain in isolation or
quarantine. It would authorize the local health officer to
recommend the person or group of people to go into isolation
or quarantine.
The bill would remove the authority of either the local
health officer or Secretary to issue an order to an individual
who may have been exposed to an infectious or contagious
disease and has refused medical examination, treatment, or
testing to go to isolation or quarantine. It would authorize the
local health officer to recommend the individual to go into
isolation or quarantine. The bill would remove refusal to be
vaccinated as a reason to recommend isolation or quarantine.
The bill would remove the authority of either the local
health officer or Secretary to issue an order on behalf of a
minor child or a ward, who may have been exposed to an
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infectious or contagious disease and whose parent or
guardian has refused medical examination, treatment, or
testing for such child or ward to go to isolation or quarantine.
It would authorize the local health officer to recommend that
the minor child or ward go into isolation or quarantine. The bill
would remove refusal to be vaccinated as a reason to
recommend isolation or quarantine.

Enforcement by Law Enforcement Officers (Section 6)
The bill would remove the requirement that any sheriff,
deputy sheriff, or other law enforcement officer assist in the
execution or enforcement of any orders regarding compliance
with the orders of the local health officer or Secretary
pertaining to infectious or contagious diseases.

Employment Protections (Section 7)
The bill would prohibit public or private employers from
discharging an employee who was solely for following an
isolation or quarantine recommendation from a local health
officer. If an employer was found in violation of such
prohibition in an action against the employer, the prevailing
plaintiff would be awarded actual damages the person
sustained, costs, and reasonable attorney fees.

Local Health Officer Authority (Section 8)
The bill would amend the authority of a local health
officer regarding investigations of cases of infectious,
contagious, or communicable diseases to require the use of
medically necessary and reasonable measures. The bill
would also remove the requirement that a local health officer
perform other duties that may be required by the Secretary.
The bill would also remove language pertaining to orders
issued by a local health officer regarding the remediation of
any infectious disease.

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Orders for School Closure (Section 9)
The bill would amend the provisions regarding school
closure to remove an order issued by the Secretary as a
basis for a “disaster.”

Background
The bill was introduced by Senator Steffen.

Senate Committee on Public Health and Welfare
In the Senate Committee hearing on February 13, 2023,
proponent testimony was provided by Senator Steffen who
stated the objective of the bill was to remove the ability of the
Secretary of Health and Environment and local county
officers to restrict individuals freedom of movement and shift
their role to one of making recommendations and educating
the public. Proponent testimony was provided by four
physicians, two precinct committeewomen, and four private
citizens, generally stating public health emergency decisions
need to be made by elected officials, and public health
policies implemented during the COVID-19 pandemic were
unproven and ineffective. A representative of the Johnson
County Sheriff’s Office provided proponent testimony in
support of the removal of statutory language requiring law
enforcement officers to enforce quarantine orders. The
representative stated these orders were unconstitutional
because there was no probable cause to take the individual
into custody, and law enforcement officers are not equipped
in cases of serious health emergencies.
Written-only proponent testimony was received from
Representative Jacobs and 24 private citizens.
Opponent testimony was provided by representatives of
the Kansas Association of Local Health Departments, the
Kansas Chapter of the American Academy of Pediatrics, and

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the Kansas Department of Health and Environment. The
opponents highlighted the concern that they would be unable
to act in cases of public health concern such as a meningitis
or an Ebola outbreak because the notification system is to
state offices who then coordinate with the local health
officials. Local health officials stated the mission of public
health is to ensure the public has the freedom to move
around in an environment free from disease.
Written-only opponent testimony was provided by
representatives of nine local or county health departments,
the Kansas Academy of Family Physicians, the Kansas
Association of Counties, the Kansas Health Foundation, the
Kansas Hospital Association, the Kansas Medical Society, the
Kansas Public Health Association, the Kansas State Nurses
Association, Oral Health Kansas, and one private citizen.
Written-only neutral testimony was received from a
representative of Community Care Network of Kansas.

Fiscal Information
According to the fiscal note on the bill prepared by the
Division of the Budget, the Kansas Department of Health and
Environment states enactment of the bill could increase costs
related to public health investigations and response due to a
potential increase in cases and contacts of infectious
diseases. The agency is unable to estimate a fiscal effect but
stated this could include increased costs for local
governments and insurance companies, including the state
Medicaid program.
The Kansas State Department of Education reported
that enactment of the bill would not result in a fiscal effect for
school districts or the agency.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.

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 The Kansas Association of Counties stated the bill could
affect counties and local health departments, but a fiscal
effect could not be estimated.
Public health; isolation; quarantine; local health officer; infectious or contagious
disease


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Statutes affected:
As introduced: 65-126, 65-127, 65-129, 65-129c, 65-101, 65-116g, 65-116a, 65-116m, 65-118, 65-119, 65-128, 65-129b, 65-129d, 65-202, 72-5180