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Minutes for HB2390 - Committee on Health and Human Services
Short Title
Establishing the Kansas overdose fatality review board and excluding tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.
Minutes Content for Wed, Feb 15, 2023
Dr. Joan Duwve, State Health Officer, provided testimony in support of HB2390 (Attachment 1). The Kansas Office of Vital Statistics identified 678 drug overdose deaths among Kansas residents in 2021. This was a 42% increase in deaths compared to the 477 deaths in 2020. 428, or 63%, involved an oppiod as contributing to the cause of death. Synthetic opioids,the category that includes Fentanyl, were involved in 347 of the total deaths. Synthetic drugs have largely impacted the increase in opioid overdose deaths. Areas the KDHE supports passage were provided to the committee. Additional information was provided to support the decriminalization of test strips.
Dr. Duwve responded to questions from the committee.
Brandy Harris, Private Citizen, provided testimony in support of HB2390 (Attachment 2). Ms. Harris provided a story concerning the loss of her son due to a pain pill laced with Fentanyl.
Libby Davis, Private Citizen, provided testimony in support of HB2390 (Attachment 3). Ms. Davis provided a story concerning the loss of her son who was poisoned by a fake pill containing illicit Fentanyl.
Erika Holliday, Substance Abuse Coordinator, Wyandotte County Public Health Department, provided testimony in support of HB2390 (Attachment 4). The presence of Fentanyl in not only affecting community members who use opioids, but stimulant users as well. It is being found in meth and cocaine. Ms. Holliday has personally seen the lifesaving measures test strips produce. Legalizing Fentanyl test strips would allow drug users to use substances more cautiously and responsibly preventing overdoses and overdose deaths.
Paula Mitchell, Victim Advocate with BrightHouse, Inc., provided testimony in support of HB2390 (Attachment 5). Ms. Mitchell provided a personal story concerning being abused as the result of a date rape drug. An additional story was provided regarding an incident that happened while out with her daughter and friends. Their drinks were spiked with a date rape drug. The perpetrator was apprehended and all parties were safe due to the use of a test strip.
Kyle Kessler, Executive Director, Association of Community Mental Health Centers of Kansas (ACMHCK), provided testimony in support of HB2390 (Attachment 6). The ACMHCK supports the creation of the Kansas Overdose Fatality Review Board to develop evidence based strategies to reduce overdose deaths. The majority of CMHCs provide some level of substance abuse treatment. With the transition to CCBHCs, 100% of the clinics will provide outpatient substance use treatment. Mr. Kessler appreciates the inclusion of a Kansas-licensed mental health and substance abuse disorder treatment provider as a member of the council.
Mr. Kessler responded to questions from the committee.
Tara Mays, Vice President State Legislative Affairs, Kansas Hospital Association, provided testimony in support of HB2390 (Attachment 7). Ms. Mays suggested that in addition to the membership representation noted in the bill, that a representative from a hospital be appointed by KHA to the Overdose Fatality Review Board. It is critical for hospitals to share the perspective from healthcare workers who treat near overdoses in Kansas hospitals.
Dr. Anthony Strickland, Private Citizen provided testimony in support of HB2390 (Attachment 8). Dr. Strickland has served as the medical director of the substance abuse treatment centers of DCCCA for 8 years and as a medical director that assists in helping individuals with substance abuse successfully transition out of the prison system and mitigate relapse and recidivism. Several stories were provided related to Fentanyl overdoses.
Dr. Strickland responded to questions from the committee.
Janet Williams, Ph.D., Private Citizen, provided testimony in support of HB2390 (Attachment 9). Many nonfatal overdoses patients experience hypoxic brain injury caused by oxygen deprivation. It only takes three to five minutes of oxygen deprivation to cause permanent brain injury. A list of the common effects of overdose-related brain injury was provided. These brain injury individuals would most likely qualify for the brain injury waiver in Kansas. Several stories were provided.
Seth Dewey, Kansas Recovery Network, provided testimony in support of HB2390 (Attachment 10). In 2021, Kansas recorded 680 overdose fatalities, a 43% increase from 2020, This made Kansas number 2 in the nation for increases for overdose fatalities in the nation. Fentanyl test strips can warn an individual if their substance contains Fentanyl and gives them the power to chose to continue use. According to a Rhode Island study, about half of those that received a positive test result for Fentanyl altered the way they used the substance by either not using it alone, using a lesser amount or discarding the substance. How might this have affected the 680 deaths?
Aonya Barnett, Program Director, Safe Streets Wichita, provided testimony in support of HB2390 (Attachment 11). Safe Streets Wichita is a Drug-Free Communities and Overdose 2 Action grantee. This is a CDC support program leading efforts to mobilize communities to address drug and overdose prevention. A link to the organization's policy report was provided. The report lists five strategies Kansas can take to prevent opioid deaths and reduce harm. Those strategies were listed for the committee.
The following provided written only testimony:
Jason Probst, Kansas House of Representatives (Attachment 12)
Ngoc Vuong, Private Citizen (Attachment 13)
Dr. Daniel Warren, Private Citizen (Attachment 14)
Lisa Vayda, Private Citizen (Attachment 15)
Cheryl Hoberecht, Administrator, Health Officer, Pawnee County Health Department (Attachment 16)
Jason Tiller, Director, Health Officer, Saline County Health Department (Attachment 17)
Dennis Kriesel, Executive Director, Kansas Association of Local Health Departments (Attachment 18)
Kansas Academy of Family Physicians (Attachment 19)
Tim DeWeese, Director, Johnson County Mental Health Center (Attachment 20)
Chrissy Mayer, Chief Community-Based Services Officer, DCCCA (Attachment 21)
Danielle Ramirez, Private Citizen (Attachment 22)
Mental Health & Substance Abuse Coalition (Attachment 23)
Cody Beaton, SCKS Regional Outpatient Director, MIRROR, INC. (Attachment 24)
The hearing on HB2390 was closed.
Without objection the committee worked HB2390.
Representative Eplee motioned and Representative Meyer seconded to pass out HB2390 favorably.
There was discussion.
Representative Oropeza motioned and Representative Haswood seconded to adopt the amendment as presented. Motion passed. (Attachment 25)
Representative Landwehr motioned and Representative Clifford seconded to adopt the amendment as presented. Motion passed. (Attachment 26)
Representative Landwehr motioned and Representative Bryce seconded to adopt the amendment as presented. Motion passed. (Attachment 27)
Representative Landwehr motioned and Representative Boyd seconded to adopt the amendment as presented. Motion passed. (Attachment 28)
Representative Eplee motioned and Representative Meyer seconded to pass out HB2390 favorably as amended. Motion passed.
