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

January 31, 2023

The Honorable Brenda Landwehr, Chairperson
House Committee on Health and Human Services
300 SW 10th Avenue, Room 112-N
Topeka, Kansas 66612
Dear Representative Landwehr:
SUBJECT: Fiscal Note for HB 2126 by Representative Fairchild, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2126 is
respectfully submitted to your committee.
HB 2126 would permit the purchase of ivermectin and hydroxychloroquine medications in
tablet form over the counter and without a prescription.
The Board of Pharmacy indicates that HB 2126 could create a conflict between state and
federal Food and Drug Administration law. The Board would likely only see an impact in the
number of complaints and investigations associated with this matter. Complaints could be related
to problems purchasing the medication over the counter (i.e., manufacturer would not make them
available, pharmacy would not stock/sell, etc.), undesirable patient outcomes, medication side
effects, medication cost, or other issues. Generally, the Board does not dictate what medications
are considered prescription-only versus over-the-counter so while all these complaints would be
outside the jurisdiction of the Board, administrative and investigative staff and resources could
still be necessary for the agency to appropriately respond.
The Kansas Insurance Department, the Kansas State Board of Healing Arts, and the Health
Care Stabilization Fund indicate that HB 2126 would not have a fiscal effect on agency operations.


Adam Proffitt
Director of the Budget
cc: Alexandra Blasi, Board of Pharmacy
Clark Shultz, Health Care Stabilization
Bobbi Mariani, Insurance Department
Susan Gile, Board of Healing Arts