SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2390
As Recommended by Senate Committee on
Public Health and Welfare

Brief*
Senate Sub. for HB 2390 would require the Secretary of
Health and Environment (Secretary) to study overdose
deaths and maintain confidentiality of the records used by the
Secretary in the study. The bill would restrict the duties and
authority of the 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.

Study of Overdose Deaths and Confidentiality of
Records
Definitions
The bill would define these terms:
● “Data” would mean all facts, information, records of
interviews, written reports, statements, notes, or
____________________
*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
 memorandums secured in connection with an
authorized medical research study;
● “Overdose” would mean injury to the body that
happens when one or more drugs are taken in
excessive amounts. “Overdose” would include fatal
and nonfatal injuries; and
● “Secretary” would mean the Secretary of Health
and Environment.
Duties of the Secretary of Health and Environment
Under the bill, the Secretary would be required to:
● Identify drug overdose deaths;
● Review autopsy reports, death certificates, medical
records, and other relevant data;
● Review interactions with the health care system,
behavioral health system, social services,
educational institutions, children and family
services, the criminal justice system, and any other
system with which the decedent had contact prior
to a drug overdose death;
● Contact family members and other affected or
involved persons to collect additional relevant data;
● Make determinations regarding the preventability of
drug overdose death cases and develop
recommendations to present such deaths,
including recommendations for changes to
statutes, rules and regulations, policies, and
procedures; and
● Disseminate findings and recommendations to the
Governor, the Legislature, health care providers

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 and facilities, behavioral health professionals, law
enforcement, and the general public.

Access to Information
The bill would give the Secretary access to identifiable
data sources and records:
● Law enforcement reports directly related to events
leading up to a drug overdose death and
information leading to the conclusion that the death
may have been a drug overdose death;
○ The law enforcement agency would be
permitted to redact names and other
personally identifiable information or exclude
information that would reveal an ongoing
investigation of drug violations or any criminal
history information prohibited by law to be
released;
● Autopsy records and coroner’s investigative
records regarding a drug overdose death in
Kansas;
● Medical records or emergency medical services
records regarding an overdose death or prior
overdose by a decedent;
● A decedent’s controlled substance dispensation
records from the prescription monitoring program
(K-TRACS) established by the Prescription
Monitoring Program Act; and
● Records, data, and reports from other any other
applicable entity that has provided services to the
decedent.

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Subpoena Power and Confidentiality of Subpoenaed Records
The bill would permit the Secretary to apply to the
district court, and the district court may issue, a subpoena to
compel the production of any relevant data or information
requested by the Secretary. Data or information received by
the Secretary as a result of a subpoena would be confidential
and privileged and not subject to disclosure.
The bill would state the provisions providing for
confidentiality of subpoenaed records would expire on July 1,
2028, unless the Legislature acts to continue the provisions,
pursuant to exceptions to disclosure under the Kansas Open
Records Act (KORA), prior to July 1, 2028.
Confidentiality of Records Obtained through Proceedings and
Activities of the Secretary
With regard to the study of overdose deaths, the
following would be confidential and not subject to KORA, the
Kansas Open Meetings Act, subpoena, discovery, or
introduction into evidence in a civil or criminal proceeding:
● All proceedings and activities of the Secretary or
representatives and any opinions formed by these
individuals as a result of such proceedings and
activities; and
● Records obtained, created, or maintained,
including records of interviews, written reports and
statements procured by the Secretary or any other
person, agency, or organization acting jointly or
under contract with the Kansas Department of
Health and Environment (KDHE).
The bill would not limit or otherwise restrict the right to
discover or use in any civil or criminal proceeding any
document or record that is available and entirely independent
of proceedings and activities of the Secretary or
representatives of the Secretary.
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 The Secretary or representatives of the Secretary would
not be permitted to be questioned in any civil or criminal
proceeding regarding the information presented or opinions
formed as a result of an investigation. The bill would not
prevent the Secretary or representatives of the Secretary
from testifying to information obtained independent of the
proceedings and activities or through subpoenas or that is
public information.
The bill would state the provisions providing for
confidentiality of records pertaining to proceedings or
activities of the Secretary or representatives of the Secretary
would expire on July 1, 2028, unless the Legislature acts to
renew such provisions. The Legislature would be required to
review these provisions pursuant to exceptions to disclosure
under KORA, prior to July 1, 2028.

Restrictions on the Authority of the Secretary and Local
Health Officers
General Authority of the Secretary of Health and Environment
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
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
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.


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Teacher and School Administrator Reporting
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.
Authority of the County, Joint Board of Health, or Local
Health Officer
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
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.
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,
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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
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.
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Enforcement by Law Enforcement Officers
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
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
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.
Orders for School Closure
The bill would amend the provisions regarding school
closure to remove an order issued by the Secretary as a
basis for a “disaster.”


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Background
HB 2390 was introduced by the House Committee on
Health and Human Services at the request of Representative
Clifford on behalf of the KDHE. The substitute bill created by
the Senate Committee on Public Health and Welfare removes
and modifies portions of HB 2390 and also contains the
language of SB 6, as recommended by the Senate
Committee on Public Health and Welfare, which was
introduced by Senator Steffen.
[Note: As introduced, HB 2390 would have created the
Kansas Overdose Fatality Review Review Board Act and
established the Kansas Overdose Fatality Review Board. The
bill also would have amended law regarding materials used to
test for presence of certain substances.]

HB 2390 (Overdose Deaths Study)

House Committee on Health and Human Services
In the House Committee hearing, proponent testimony
was provided by the State Health Officer; representatives of
the Association of Community Mental Health Centers of
Kansas; BrightHouse, Inc., Kansas Hospital Association;
Kansas Recovery Network, Safe Streets Wichita, and
Wyandotte County Public Health Department; and four
private citizens. Proponents generally stated the Board and
legalization of drug testing materials would help reduce the
number of drug overdose deaths in the state, which have
been increasing.
Written-only proponent testimony was provided by
Representative Probst; representatives of DCCCA, Johnson
County Mental Health Center, Kansas Academy of Family
Physicians, Kansas Association of Local Health Departments,
Mental Health and Substance Abuse Coalition, Mirror, Inc.,

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Pawnee County Health Department, and Saline County
Health Department; and four private citizens.
No other testimony was provided.
The House Committee amended the bill to:
● Add to the Kansas Overdose Fatality Review
Board (Board) a member from the Board of
Nursing;
● Add to the Board a member appointed by the
Secretary from a list of up to three nominees
submitted by the Kansas Hospital Association;
● Specify that the findings and recommendations of
the Board should be submitted to the House
Committee on Heath and Human Services and the
Senate Committee on Public Health and Welfare or
any successor committees annually, by the first day
of Legislative Session in January;
● Specify that any person who knowingly discloses
any information or record made or kept confidential
pursuant to the Act would be guilty of a class A
nonperson misdemeanor.
House Committee of the Whole
The House Committee of the Whole amended the bill to
include materials used to test for flunitrazepam, also known
as Rohypnol, to the list of materials that would be excluded
from the definition of “drug paraphernalia.”

Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 9, 2023,
proponent testimony was provided by Representative
Clifford, representatives of the Association of Community
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Mental Health Centers of Kansas; Centrus Health, LLC;
Kansas Department for Aging and Disability Services; KDHE;
Reno County Health Department; and Unified Government of
Wyandotte County Public Health Department who generally
stated the bill would create an oversight board that would
have a data-driven approach and, by permitting various drug
strips, would implement a harm reduction strategy for those
who may come into contact with various drugs by choice, by
circumstance, or by unrequested actions by others.
Written-only proponent testimony was provided by
representatives of BrightHouse, DCCA, Kansas Association
of Local Health Departments, Kansas Academy of Family
Physicians, Kansas Hospital Association, Kansas National
Education Association, Sedgwick County Health Department,
and the Wichita Police Department, and a pharmacist, a
physician, and two private citizens.
Opponent testimony was provided by a private citizen
who generally objected to the creation of the Board.
The Senate Committee recommended a substitute bill
incorporating the following amendments to:
● Remove definitions for “department”, “drug”,
“institutional review board”, “overdose fatality
review”, “substance use disorder”, and “substance
use disorder treatment provider”;
● Remove the provisions that would have
established the Board and