[As Amended by House Committee of the
Whole]
Session of 2000
HOUSE BILL No. 2932
By Representatives Ballard, Barnes, Compton, Empson,
Findley, Fla-
harty,
Flower, Gatewood, Gilbert, Henderson, Henry, Horst, Hutch-
ins, Kirk,
Kuether, Landwehr, P. Long, McClure, McKinney, Nichols,
Pauls,
E. Peterson, Pottorff, Ray, Reardon, Sharp, Showalter,
Span-
gler,
Storm, Toelkes, Weber, Weiland and Welshimer
2-9
16 AN ACT creating
the council on obesity prevention and management.
17
18
19 Be it enacted by the Legislature of the
State of Kansas:
20 Section
1. (a) There is hereby created the Kansas council on
obesity
21 prevention and management, hereinafter
referred to as the ``council'',
22 within the department of health and
environment. The council shall be
23 in existence for the period from August 1,
2000 to March 31, 2002. In
24 addition to any legislative appropriation,
the council may accept and ex-
25 pend grants and private donations from any
source, including federal,
26 state, public and private entities, to
assist the council to carry out the
27 council's functions.
28 (b) For the
purposes of this act, obesity is classified as a disease in all
29 cases where the person's body mass index
(BMI) is 30 kg/m2, or where
30 a person's body mass index (BMI) is 27
kg/m2 or greater and the person
31 suffers from one or more of the following
conditions or diseases:
32 (1) Type II
diabetes;
33 (2) impaired
glucose tolerance;
34
(3) hyperinsulinemia;
35
(4) dyslipidemia;
36
(5) hypertension;
37
(6) cardiovascular disease;
38 (7) gastric
reflux disease;
39 (8) gall bladder
disease;
40
(9) osteoarthritis of the hips or knees;
41 (10) sleep
apnea;
42
(11) cerebrovascular disease.
43 Sec. 2. The
powers, functions and duties of the council shall include,
2
1 but not be limited to, the
following:
2 (a) The
collection and analysis of data regarding the extent to which
3 children and adults in Kansas suffer
from obesity, and the programs and
4 services currently available to meet
the needs of overweight children and
5 adults, and the funds dedicated by
the state to maintain such programs
6 and services.
7 (b) The
collection and analysis of data to demonstrate the economic
8 impact on the state of treating
obesity-related diseases and the estimated
9 cost savings of implementing a
comprehensive statewide obesity preven-
10 tion and management model.
11 (c) The
establishment and maintenance of a resource databank con-
12 taining information about obesity and
related subjects accessible to ed-
13 ucational and research institutions, as
well as members of the general
14 public.
15 (d) Consideration
of the feasibility of awarding tax incentives for work
16 sites which promote activities to reduce
obesity in the work force.
17 (e) The
establishment of recommendations to enhance funding for
18 effective prevention and management
programs and services, including
19 medicaid, private health insurance programs
and other state and federal
20 funds.
21 (f) The
establishment of recommendations designed to assure that
22 children of school age who may have early
indicators of obesity have
23 access to affordable, effective prevention
and management services.
24 (g) The
establishment of recommendations for changes to statewide
25 elementary and secondary education
curricula to implement comprehen-
26 sive, coordinated obesity awareness and
education programs.
27
(h) Recommendations to enhance clinical education curricula
in
28 medical, nursing and other schools of
higher education to implement
29 comprehensive, coordinated obesity
awareness and education courses.
30
(i) Recommendations to increase education and awareness
among
31 primary care physicians and other health
professionals regarding the rec-
32 ognition of obesity as a disease, and
effective prevention and
33 management.
34 (j) Consideration
of a state prevention campaign to increase public
35 awareness of the need for early prevention
and management of obesity,
36 possible including:
37 (1) A broad-based
public education campaign outlining health risks
38 associated with failure to receive
treatment for obesity.
39 (2) A health
professional training campaign.
40 (3) A targeted
public education campaign directed toward high risk
41 populations.
42 (k) Coordination
with the United States center for disease control,
43 the national center for chronic disease
prevention, the United States de-
3
1 partment of agriculture, the United
States department of health and hu-
2 man services and the United States
department of education to share
3 resources and information in order to
ensure a comprehensive approach
4 to the disease of obesity and
obesity-related conditions.
5
(l) Coordination with the state departments of education,
human re-
6 sources, health and environment, and
social and rehabilitation services to
7 share resources and information in
order to ensure a comprehensive ap-
8 proach to the disease of obesity and
obesity-related conditions.
9
(m) Identification of and recommendations to reduce cultural,
envi-
10 ronmental and socioeconomic barriers to
prevention and management of
11 obesity in Kansas.
12 Sec.
3. (a) The council shall convene for its first meeting
no later
13 than October 1, 2000. The chairperson and
vice-chairperson of the coun-
14 cil shall be appointed by the secretary of
health and environment. The
15 council shall have a program coordinator
and a half-time clerical staff
16 person to assist in administering the
business of the council. The council
17 may adopt such rules of procedure as are
necessary to facilitate orderly
18 conduct of its business.
19 (b) The council
shall be composed of the following members:
20 (1) The secretary
of health and environment or the secretary's
21 designee.
22 (2) The secretary
of social and rehabilitation services or the secre-
23 tary's designee.
24 (3) The state
commissioner of education or the commissioner's
25 designee.
26 (4) The secretary
of human resources or the secretary's designee.
27 (5) A
representative of the office of the governor, to be appointed
by
28 the governor.
29 (6) Two members
of the house of representatives, one appointed by
30 the speaker and one by the minority
leader.
31 (7) Two members
of the senate, one appointed by the president and
32 one by the minority leader.
33 (8) Two
representatives of the public-at-large to be selected by the
34 secretary of health and environment.
35 (9) The president
of the Kansas state medical society or the presi-
36 dent's designee.
37 (10) The
president of the Kansas state nurses association or the pres-
38 ident's designee.
39 (11) The
president of the Kansas pharmacists association or the pres-
40 ident's designee.
41 (12) The
president of the Kansas chapter of the American academy
42 of pediatrics or the president's
designee.
43 (13) The
executive vice chancellor of the University of Kansas Med-
4
1 ical Center or the chancellor's
designee.
2 (14) The
president of the Kansas association of health plans or the
3 president's designee.
4 (15) The
president of the Kansas public health association or the
5 president's designee.
6 (16) The
president of the Kansas health insurance association or the
7 president's designee.
8 (17) A
representative appointed from the Kansas state office of the
9 American association of retired
persons.
10 (18) A
representative of the Kansas dietetic association.
11 (19) The
president of the physical therapy association or the presi-
12 dent's designee.
13 (20) A member
appointed by the commissioner of insurance.
14 (21) The
president of the Kansas hospital association or the presi-
15 dent's designee.
16 [(22) A
representative of the food processing and manufactur-
17 ing industry selected by the secretary
of health and environment.]
18 (c) All members
shall serve without compensation, except that the
19 program coordinator of the council and a
half-time staff member shall
20 receive a salary to be determined by the
secretary of health and
21 environment.
22 (d) The council
shall meet at least quarterly. Meetings also shall be
23 held on call of the chairperson or at the
request of at least three members
24 of the council.
25 (e) The council
shall submit a report, including proposed legislation
26 if necessary, to the governor and to the
house of representatives, health
27 and human services committee and the senate
health and welfare com-
28 mittee, prior to the convening of the 2002
legislative session. Such report
29 shall include a comprehensive state plan
for implementation of services
30 and programs in the state of Kansas to
increase prevention and manage-
31 ment of the disease of obesity in adults
and children and an estimate of
32 the cost of implementation of such a
plan.
33 (f) All
department, boards, agencies, officers and institutions of the
34 state and all subdivisions thereof shall
cooperate with the council in car-
35 rying out its purposes pursuant to this
act.
36 Sec. 4. This act shall
take effect and be in force from and after its
37 publication in the statute book.