Kansas 2023-2024 Regular Session

Kansas Senate Bill SB391

Introduced
1/24/24  
Refer
1/25/24  
Report Pass
2/21/24  
Engrossed
2/28/24  
Refer
2/28/24  

Caption

Enacting the constitutional right to health freedom act to regulate the activities of the secretary of health and environment related to public health functions; repealing statutes relating to the secretary's authority to quarantine individuals and impose associated penalties.

Impact

If enacted, SB391 would alter existing public health laws, especially those related to the authority of health officials to impose quarantines. The amendments proposed in the bill would limit the Secretary's ability to unilaterally direct health interventions during outbreaks, forcing most public health directives to be recommendatory rather than mandatory, which may lead to inefficiencies in managing public health crises.

Summary

Senate Bill 391, titled the 'Constitutional Right to Health Freedom Act', proposes significant changes to the authority vested in the Secretary of Health and Environment and local health officers in Kansas concerning the management of public health, specifically regarding infectious and contagious diseases. This act aims to revoke the Secretary’s power to mandate isolation or quarantine of individuals and impose associated penalties for noncompliance, thereby decentralizing public health decisions and reducing governmental control over individual health choices.

Contention

This bill has sparked a debate among legislators and public health advocates, reflecting a tension between individual rights and collective health security. Proponents argue that the bill enhances personal liberties and prevents governmental overreach during health emergencies, while critics worry that it undermines local health agencies’ ability to respond effectively to public health threats and could lead to increased disease transmission in the absence of enforceable quarantine measures.

Companion Bills

No companion bills found.

Previously Filed As

KS SB19

Enacting the conscientious right to refuse act to prohibit discrimination against individuals who refuse medical care and creating a civil cause of action based on such discrimination and revoking the authority of the secretary of health and environment to quarantine individuals and impose associated penalties.

KS SB29

Substitute for SB 29 by Committee on Public Health and Welfare - Removing the authority of the county or joint board of health or local health officer to prohibit public gatherings when necessary for the control of infectious or contagious disease.

KS HB580

Providing for public health; imposing duties on the Department of Environmental Protection relating to lead levels in soil; and imposing penalties.

KS SB171

Authorizing the secretary of health and environment to license nuclear fusion systems, establishing such licensure fee and authorizing the secretary to impose late fees for any expired radiation protection and control license.

KS HB525

Covington County; county commission authorized to adopt ordinances to protect public health and welfare, regulate environmental impact of certain activities, Constitutional Amendment

KS SB330

Enacting the ensuring transparency in prior authorization act to impose requirements and limitations on the use of prior authorization in healthcare.

KS HB665

Health; transfer all authorities and responsibilities relating to environmental health from county boards of health to Department of Public Health

KS HB2683

Allowing healthcare providers to charge fees to furnish a patient's healthcare records and providing for the disclosure of a deceased patient's healthcare records to certain individuals.

KS SB228

Providing for the regulation of supplemental nursing services agencies and healthcare workers platforms by the secretary for aging and disability services.

KS HB2439

Enacting the Kansas geoengineering and weather modification prohibition act, prohibiting geoengieering and weather modification activities, providing criminal penalties for violations of the act and assigning enforcement and reporting authority to the department of health and environment.

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