SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 287
As Amended by House Committee of the Whole

Brief*
House Sub. for SB 287 would require parental consent
to health care services for a minor child provided in a school
facility. In the event of a violation, the bill would require the
appropriate health care provider’s licensing agency to take
professional discipline against the health care provider.

Definitions
The bill would define the following terms:
● “Appropriate licensing agency” would mean the
agency that issues the license, certification, or
registration to the health care provider;
● “Behavioral health crisis” would mean behavioral
and conduct issues that impact the safety or health
of a juvenile, members of the juvenile’s household,
or family or members of the community, including,
but not limited to, non-life-threatening mental
health and substance abuse concerns;
● “Consent” would mean assent in fact, whether
expressed or apparent;
● “Drug” would mean articles:
○ Recognized in the official U. S.
Pharmacopeia, or other such official
____________________
*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
 compendiums of the United States, or official
national formulary, or any supplement to any
of them;
○ Intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease
in human or other animals;
○ Other than food, intended to affect the
structure or any function of the body of human
or other animals; and
○ Intended for use as a component of any
articles specified previously; but does not
include devices or their components, parts, or
accessories, except that the term “drug” does
not include amygdalin (laetrile) or any
livestock remedy, if such livestock remedy had
been registered in accordance with statute
regarding livestock and domestic animals
prior to its repeal;
● “Healthcare provider” would mean a person who is
licensed by or holds a temporary permit to practice
that is issued by the State Board of Healing Arts,
the Board of Nursing, or the Behavioral Sciences
Regulatory Board;
● “Minor” would mean an individual under 18 years of
age;
● “Parent,” as defined in KSA 38-141, which includes
the following: a natural parent, an adoptive parent,
a stepparent, or a guardian or conservator of a
child who is liable by law to maintain, care for, or
support the child; and
● “School facility” would mean any building or
structure owned, operated, or maintained by the
State Board of Education of a public school or by
the governing body of an accredited nonpublic
school if such facility is accessible to students.

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Health Care Prohibitions at a School Facility
Unless the health care provider has the consent of a
minor’s parent, the bill would prohibit a health care provider at
a school facility from the following actions:
● Prescribing, dispensing, or administering any
prescription or nonprescription drug;
● Administering a diagnostic test with the minor’s
bodily fluid; or
● Conducting ongoing behavioral health treatment.
A health care provider who violates these provisions
would be subject to professional discipline from the health
care provider’s appropriate licensing agency.

Exceptions
The bill would not prevent a health care provider at a
school facility from the following actions:
● Administering a non-academic test, questionnaire,
survey, or examination pursuant to KSA 72-6316;
● Administering a suicide risk assessment or
screening tool for suicide risk, pursuant to KSA 72-
6316(f), or conducting a behavioral health
assessment or intervention for a minor
experiencing a behavioral health crisis;
● Conducting a school-based screening required by
law; or
● Providing education to a minor.


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Consent Requirements Not Changed
The bill would clarify that this bill would not repeal nor
change any consent requirements in current law provided in
the following statutes:
KSA 38-122. Consent by a parent for surgery and other
procedures on a child.
KSA 38-123. Consent for medical care of an unmarried
pregnant minor.
KSA 38-123a. Donation of blood by persons over 16;
compensation.
KSA 38-137. Immunization of minor children; written
delegation of consent by parent; consent for immunization by
person other than parent; when.
KSA 38-2217. Health services (Kansas Code for Care of
Children).
KSA 65-2891. Emergency care by health care
providers; liability; standards of care applicable; definition of
health care provider.
KSA 65-2892. Examination and treatment of persons
under 18 for venereal disease; liability.
KSA 65-2892a. Examination and treatment of minors for
drug abuse, misuse, or addiction; liability.

Background
The House Committee on Health and Human Services
recommended a substitute bill incorporating provisions of HB
2793, as amended by the House Committee on Health and
Human Services.

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 SB 287 would have amended the provisions of the
Kansas Silver Alert Plan regarding issuance of an alert for a
person 18 years of age or older when certain conditions were
met. The provisions of SB 287 were not retained in the
substitute bill.

HB 2793
HB 2793 was introduced by the House Committee on
Health and Human Services at the request of Representative
Bryce.
House Committee on Health and Human Services
In the House Committee hearing on February 15, 2024,
Representative Bryce, a representative of Kansas Medical
Society, and a private citizen provided proponent testimony,
stating generally that the bill would clarify definitions for
consent of medical treatment for minors.
Written-only proponent testimony was provided by a
pastor and four private citizens.
Representatives of the Board of Nursing, the Kansas
Chapter American Academy of Pediatrics, Kansas Mental
Health Coalition, and Wyandot Behavioral Healthcare
provided opponent testimony, stating generally that health
care services covered by the bill are very broad and the bill’s
provisions may result in unintended consequences or a delay
in care. The opponents also noted a lack of clarity regarding
behavioral health emergency services and other mental
health services.
Written-only opponent testimony was provided by the
Board of the Kansas School Nurses Association, Equality
Kansas, Johnson County Department of Health and
Environment, Kansas Academy of Family Physicians, Kansas
Association of School Boards, and Loud Light Civic Action.

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 No other testimony was provided.
The House Committee amended the bill to:
● Provide definitions for “behavioral health crisis,”
“drug,” and “school facility”;
● Remove the definition for “healthcare service”;
● Clarify the definition for “healthcare provider”;
● Clarify what a health care provider would be
allowed to do with consent while at a school facility;
and
● Clarify the statutes that would be exempt from the
provisions of the bill and retain KSA 38-123 and
KSA 65-2892a.
The House Committee removed the contents of SB 287,
inserted the amended contents of HB 2793, and
recommended a substitute bill be passed.
House Committee of the Whole
The House Committee of the Whole amended the bill to
clarify that the provisions of KSA 72-6316 would continue to
be allowed to be conducted within a school facility.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on HB 2793, as introduced, the Behavioral
Sciences Regulatory Board and the Board of Nursing indicate
any fiscal effect related to enactment of the bill would be
absorbed within existing resources.
Health and healthcare; children and minors; parental consent; school facility


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Statutes affected:
As introduced: 75-754
As Amended by Senate Committee: 75-754
Enrolled: 65-484, 65-16, 65-6144