SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2259
As Amended by House Committee on Health
and Human Services

Brief*
HB 2259, as amended, would allow for the use of
expedited partner therapy (EPT) to treat sexually transmitted
diseases (STDs).
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 health care provider as infected with a STD
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
EPT by rules and regulations adopted by the Secretary.
The bill would allow a health care provider who clinically
diagnoses a patient with a STD to provide EPT if the health
care provider determines the patient’s sexual partner is
unlikely or unable to present for examination, testing, and
treatment. The bill would require a health care provider who
provides EPT 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
would require the following information be included in the
written materials:
____________________
*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
 ● A warning that a woman who is pregnant or might
be pregnant should not take certain antibiotics and
should immediately contact a health care 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
health care provider for examination;
● Information about the treatment and prevention of
STDs;
● 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 STDs
and information about available resources;
● Notification of the risk to the patient, the patient’s
sexual partner, and the general public if the STD 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 STD and the importance of prompt examination
and treatment by a health care provider; and
● Such other information deemed necessary by the
Secretary.
A health care provider would use EPT only for a
patient’s sexual partner who could have been exposed to an
STD within 60 days immediately prior to the patient’s clinical

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diagnosis and who could be contacted and identified by the
patient.
The bill would provide that no health care provider
orpharmacist would be liable for civil damages resulting from
any act or omission in good faith compliance with the
provisions of the bill, including civil damages for refusing to
provide EPT, other than an act or omission constituting gross
negligence or willful or wanton misconduct. The bill would
also provide that no health care 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.
The bill would provide that a child who is 16 years of age
or older may consent to receive EPT when no parent or
guardian is immediately available.

Background
The bill was introduced by the House Committee on
Health and Human Services at the request of Representative
Parker.
[Note: The bill, as introduced, was identical to 2019 HB
2198, which was recommended favorably for passage by the
House Committee on Health and Human Services and
passed the House during the 2019 Session. HB 2198 was
referred to the Senate Committee on Public Health and
Welfare, where it died at the end of the 2020 Session. A
companion bill to HB 2198, 2019 SB 144, had a hearing in
the Senate Committee on Public Health and Welfare, but died
in Committee.]


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House Committee on Health and Human Services
In the House Committee hearing, proponent testimony
was provided by a representative of KDHE, who stated EPT
is a proven medical practice that Kansas providers are
interested in providing, but the practice is disincentivized by a
lack of legal protection that almost all other states provide.
The representative noted the treatments are a safe and cost-
effective way to prevent STD-related infertility and other
serious long-term consequences in women. The
representative provided data regarding the prevalence of
chlamydia infections in Kansas, the health risks resulting from
such infections, and the likelihood of repeat infections without
EPT. The representative stated the use of EPT removes
barriers to ensuring the prompt treatment of potentially
infected partners, thus reducing the risk of reinfection.
Written-only proponent testimony was provided by
representatives of the Kansas Association of Local Health
Departments, the Kansas Association of Osteopathic
Medicine, the Kansas Medical Society, the Kansas
Pharmacists Association, the Kansas Public Health
Association, and the Kansas Section of the American College
of Obstetricians and Gynecologists and by an internal
medicine physician.
No neutral or opponent testimony was provided.
The House Committee amended the bill to add language
authorizing minors ages 16 and older to consent to receive
EPT when a parent or guardian is not immediately available.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Board of Nursing estimates the bill would
require one-time expenditures of $3,410 from the Board of
Nursing Fee Fund in FY 2021 to mail notifications to licensed
Advanced Practice Registered Nurses prior to the bill’s
effective date of July 1, 2021.
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 The State Board of Healing Arts and the State Board of
Pharmacy are unable to estimate the respective additional
workloads that may result from the passage of the bill.
However, the boards indicate the fiscal effect on each agency
would likely be negligible and absorbed within existing
resources.
KDHE indicates the bill could be implemented with
existing resources.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Health; health care; sexually transmitted diseases; expedited partner therapy; rules
and regulations; consent to medical treatment by a minor


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