SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2280
As Recommended by Senate Committee on
Public Health and Welfare

Brief*
Senate Sub. for HB 2280 would allow prescribers to
prescribe U.S. Food and Drug Administration (FDA)-approved
drugs, including, but not limited to, hydroxychloroquine sulfate
and ivermectin, for the off-label use of preventing or treating
COVID-19 infection. The bill would allow such prescriptions
even if the patient has not been exposed to or tested positive
for COVID-19. Such authorization would not apply to any
controlled substances described in law relating to crimes
involving controlled substances.
The bill would provide that recommendations,
prescriptions, uses, or opinions of a prescriber related to
treatment of COVID-19, including treatment that is not
recommended or regulated by the State Board of Healing Arts
(BOHA), the Kansas Department of Health and Environment
(KDHE), or the FDA, would not be considered unprofessional
conduct. The bill would apply these provisions retroactively to
any disciplinary action taking place on or after March 12,
2020, and would require the BOHA to independently review
all disciplinary action and rescind any such action prohibited
by the bill.
The bill would amend the Pharmacy Act of the State of
Kansas (Act) to prohibit pharmacists from refusing to fill or
refill any prescription on the basis of such prescription being
used to treat or prevent a COVID-19 infection.

____________________
*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
 The bill would also amend law relating to child care
facilities and schools to provide that children and students
enrolling in a child care facility, school, or preschool or day
care facility operated by a school, would be exempt from
immunizations required by the Secretary of Health and
Environment if such immunizations would violate sincerely
held religious beliefs. The bill would provide that, in the case
of a child care facility, the person maintaining a child care
facility or, in the case of a school or preschool or day care
operated by a school, a school district’s Board of Education,
such an exemption would be granted without inquiring into
the sincerity of the request.
The bill would specify that, as they relate to
immunization exemptions in the bill, “religious beliefs”
includes, but is not limited, theistic and non-theistic moral and
ethical beliefs as to what is right and wrong that are sincerely
held with the strength of traditional religious views.
The bill would also make technical amendments,
including replacing the word “pupil” with “student.”
The bill would be in effect upon publication in the
Kansas Register.

Background
HB 2280, as introduced, would have updated statutes
relating to the powers, duties, and functions of the State
Board of Pharmacy. On February 8, 2022, the Senate
Committee on Public Health and Welfare inserted the
provisions of SB 381, as amended by the Committee,
(immunization requirements) and the provisions of SB 398
(prescription off-label use) and recommended a substitute bill.
[Note: The contents of HB 2280, as amended by the
Senate Committee on Public Health and Welfare, were
inserted into Sub. for SB 238 during the conference

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committee process. The bill was passed by the Legislature
and signed into law by the Governor on May 19, 2021.]

SB 381 – Prescription Off-label Use
SB 381 was introduced by the Senate Committee on
Public Health and Welfare at the request of Senator
Hilderbrand.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing, Senator Steffen and
nine private citizens provided proponent testimony, stating
that doctors should not be limited in the range of potential
treatment options available for preventing and treating
COVID-19 and that patients should have access to the
medications prescribed to them.
Several hundred private citizens submitted written-only
proponent testimony.
A representative of the Kansas Medical Society provided
neutral testimony, stating that patient autonomy should be
balanced with best practices and standard of care and
expressing concern the bill would remove the ability to bring
certain claims against unprofessional conduct or substandard
care.
A representative of the Kansas State Board of Healing
Arts provided written-only neutral testimony.
Written-only opponent testimony was submitted by the
the University of Kansas Health System on behalf of
Ascension Via Christi Health, University of Kansas School of
Health Professions, and University of Kansas physicians.
The Senate Committee amended the bill to remove
language relating to pharmacists, including “a pharmacist
shall dispense,” and to specify that pharmacists are
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prohibited from refusing to fill or refill any prescription used to
treat or prevent a COVID-19 infection.
The Senate Committee also amended the bill to add the
contents of SB 398.
The Senate Committee placed the contents of SB 381,
as amended, into HB 2280 and recommended a substitute bill
be passed.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 381, as introduced, the BOHA indicates
reviewing investigations related to the enactment of the bill
would be time consuming but could be done with existing
resources.
The State Board of Pharmacy (Board) indicates the bill
could have a fiscal effect on expenditures as well as on
licensees and registrants and that prescribing and dispensing
of drugs, or failing to do so, could cause an increase in the
number of complaints received by the Board. Complaints
would require investigation and an increase in Board
resources such as time and staff. The Board notes, in the
past, such issues have created substantial fiscal impact to the
Board, but the effect on the Board’s expenditures cannot be
determined.
Any fiscal effect associated with SB 381 is not reflected
in The FY 2023 Governor’s Budget Report.
SB 398 – Immunization Requirements
SB 398 was introduced by the Senate Committee on
Public Health and Welfare at the request of Senator Steffen.


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Senate Committee on Public Health and Welfare
The Senate Committee had not held a hearing on SB
398 at the time it was amended into SB 381.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 398, the Kansas Department for Children
and Families, State Department of Education, and KDHE
indicate the bill would have no fiscal effect on the agencies.
Prescriptions for off-label use; Covid-19; vaccines; religious exemptions


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Statutes affected:
As introduced: 65-636, 65-1626, 65-1627, 65-1631, 65-1637, 65-1643, 65-1645, 65-1656, 65-1657, 65-1658, 65-1663, 65-1676
As Amended by House Committee: 65-636, 65-1626, 65-1627, 65-1631, 65-1637, 65-1643, 65-1645, 65-1656, 65-1657, 65-1658, 65-1663, 65-1676
As Amended by Senate Committee: 65-636, 65-1626, 65-1627, 65-1631, 65-1637, 65-1643, 65-1645, 65-1656, 65-1657, 65-1658, 65-1663, 65-1676
S Sub for: 65-1120, 65-2837, 65-508, 65-1637, 72-6262