Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


March 1, 2021


The Honorable Brenda Landwehr, Chairperson
House Committee on Health and Human Services
Statehouse, Room 352C-S
Topeka, Kansas 66612
Dear Representative Landwehr:
SUBJECT: Fiscal Note for HB 2258 by House Committee on Health and Human
Services
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2258 is
respectfully submitted to your committee.
HB 2258 would require pharmacies (not pharmacists) to stock and provide contraception
and emergency contraception to any patient. The pharmacy would be required to ensure its
employees do not harass, interfere with, deceive, or illegally refuse to provide contraception and
emergency contraception. The pharmacy would be required to ensure that patient privacy is
protected. If the contraceptive is not in stock, the pharmacy would be required to transfer the
patient to the nearest pharmacy or provide expedited ordering at the patient’s request. The
pharmacy would be allowed to refuse to provide contraception and emergency contraception if the
patient does not have a valid prescription for a prescription-only drug or device, the patient cannot
pay for the contraceptive, or based on a licensed pharmacist’s clinical judgment. The bill would
require the Board of Pharmacy to adopt rules and regulations to implement and administer this
section although it does not appear to make this part of the Pharmacy Act of the State of Kansas.
Any aggrieved person could bring a civil action against a pharmacy to obtain appropriate
and equitable relief, including actual and punitive damages and injunctive relief. The court could
also award reasonable costs and fees.
The Board of Pharmacy indicates that a one-time or temporary increase in agency
expenditures would result from the mandatory adoption and/or revision of regulations. The staff
time involved in drafting and promulgating regulations through the administrative review process
would require additional agency resources that are not currently budgeted. In addition, Board
meetings for review and public hearings would contribute to costs, as well as publication of
The Honorable Brenda Landwehr, Chairperson
Page 2—HB 2258

necessary administrative regulations. Agency forms and published information would require
updates. The Board would incur costs associated with publication of regulations, notices of
hearings, and adoption in the Kansas Register, costs range from $500 to $1,500 per publication,
depending on the length of the regulation(s). However, the agency is unable to estimate the
additional expenditures. The Board does anticipate an increase in complaints or investigations
based on pharmacy, pharmacist, and “employee” requirements in the bill.
The Office of Judicial Administration states that HB 2258 could result in the filing of
additional civil actions which would require more time spent by judges and court staff in hearing
and processing cases. The additional cases would also increase the amount of revenue received
from docket fees and fines. However, the Office is unable to estimate the fiscal effect because the
number of cases that would be filed is unknown. Any fiscal effect associated with HB 2258 is not
reflected in The FY 2022 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Alexandra Blasi, Board of Pharmacy
Debbie Thomas, Judiciary