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Minutes for SB391 - Committee on Public Health and Welfare
Short Title
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.
Minutes Content for Thu, Feb 15, 2024
Chairperson Gossage opened the hearing on SB391.
Jenna Moyer, Staff Revisor gave an overview of the bill.(Attachment 1) Questions were asked by committee members.
Senator Mark Steffen gave proponent testimony. He stated that SB391 re-positions government to an advisory role and that freedom is nonnegotiable. Senators are sworn to uphold individual freedoms always and that SB391 is a critical step in the correct direction. (Attachment 2)
William Mize testified in support of SB391. SB391 welcomes the recommendations of the Kansas Department of Health and Environment as to health consideration, but we should limit the ultimate power to make the rules in such situations to our elected representatives. (Attachment 3)
Debbie Mize spoke as a proponent of SB391 and urged the committee to pass SB391 to begin to make the changes necessary to protect these fundamental rights in our Kansas Constitution. (Attachment 4)
Michelle Eagleman gave proponent testimony stating SB391 needs to pass this committee. Enacting the Constitutional Right to Health Freedom Act is a necessity. (Attachment 5)
Dr. Gayln Perry spoke in support of SB391. She stated that this bill would ensure that infectious diseases can be managed yet, citizens' rights will be preserved and she hopes that the committee can vote to appropriately balance the needs of managing infectious diseases with the need to protect those same citizens from the misuse of harmful public health policies. (Attachment 6)
Debbie Detmer gave proponent testimony stating that passing SB391 will revoke the authority of the Secretary of the Kansas Department of Health and Environment to order individuals to isolate or quarantine and impose penalties for violations. (Attachment 7)
Connie Newcome testified as a proponent of SB391. She said that the Senate Public Health and Welfare Committee is voted into office to be a liaison between the government and the people. She asked that the Committee keep the people's trust by doing just that. (Attachment 8)
Mike Perry spoke in support of SB391. He stated that doctors should be allowed to practice medicine which means the freedom to try alternatives to the narrative. Doctors should never be mandated on how to to treat a patient. (Attachment 9)
Melissa Campbell gave proponent testimony by stating that SB391 would clean up the Chapter 65 public health statutes. The common phrase of this bill has been changed to "recommend" instead of "require", and this is fitting for several reasons. Citizens should be allowed to know their own minds and be able to make decisions best for caring for their family members. (Attachment 10)
Julie Pennington gave proponent testimony for SB391. She said that Kansas officials went beyond federal recommendations and Atchison County went even further beyond Kansas recommendations. (Attachment 11)
They took questions from committee members.
Written proponent testimony was submitted by:
Kathy Brown, Attorney and RN (Attachment 12)
Janeen Bezona, Individual (Attachment 13)
Glen Burdue, Individual (Attachment 14)
Mary Fifer, Individual (Attachment 15)
Teresa Hopper, Individual (Attachment 16)
Dr. Jermy Ims, PhD , Overland Park KS (Attachment 17)
Jessica Ims, Individual (Attachment 18)
John Ims, Individual (Attachment 19)
Jaime Kissinger, Individual (Attachment 20)
Jason Meirowsky, Individual (Attachment 21)
Jill O'Connor, Individual (Attachment 22)
Shanxi Omoniyi, Individual (Attachment 23)
Lauren Shiffman, Individual (Attachment 24)
Kay Shirley, Individual (Attachment 25)
David Upsdell, Individual (Attachment 26)
Mei Upsdell, Individual (Attachment 27)
Gaylene S. Van Horn, Individual (Attachment 28)
Pam Vetter, Individual (Attachment 29)
Kari Sue Vosburgh, Individual (Attachment 30)
Ashley Goss gave opponent testimony to SB391. She asked that the committee not support this bill as it would undo hundreds of years of public health work that has helped control the spread of infectious and contagious diseases in our state. (Attachment 31)
Heather Braum testified in opposition of SB391. She stated that they oppose this bill due to the growing concern over measles outbreaks occurring in our state. They respectfully request the committee to oppose SB391 and instead work to maintain the health and safety of our state's children. (Attachment 32)
William Wilk spoke in opposition of SB391 by saying that SB391 is an unnecessary piece of legislation that places restricts on Kansas businesses. (Attachment 33)
Randy Bowman gave testimony in opposition of SB391 by stating that this bill will not improve any future disease response. He asked the Committee to please not schedule any further consideration or action on this or others like it. (Attachment 34)
Written opponent testimony was submitted by:
Erin Attebery, Kansas Public Health Association (Attachment 35)
Dana Bacon, The Leukemia & Lymphoma Society
Karl E. Becker, MD, MBA (Attachment 37)
Jan Brunks, Individual (Attachment 38)
Kellie Bubeck, Individual (Attachment 39)
Rachelle Colombo, Kansas Medical Society (Attachment 40)
Aaron Davis, MPA, MBA (Attachment 41)
Ruth Edwards, Individual (Attachment 42)
Cynthia Galemore, Individual (Attachment 43)
Timothy R. Graham, Kansas National Education Association (Attachment 44)
Diane Guilllen, Individual (Attachment 45)
Jay Hall, Kansas Association of Counties (Attachment 46)
Dena K. Hubbard, MD, Kansas Chapter, American Academy of Pediatrics (Attachment 47)
Charlie Hunt, Johnson County Department of Health & Environment (Attachment 48)
Denise M. James, Grant County Health Department (Attachment 49)
Rebecca Johnson, SEK Multi-County Health Department (Attachment 50)
Nathan J. Madden, Health Forward Foundation (Attachment 51)
Leslie Mark, Individual (Attachment 52)
Kimberly Martin, on behalf of the Board of the Kansas School Nurses Organization (Attachment 53)
Charles Martinez, Geary County Health Department (Attachment 54)
Tara Mays, Kansas Hospital Association (Attachment 55)
Dr. Jennifer Bacani McKenney MD, Kansas Academy of Family Physicians (Attachment 56)
Zahra Nasrazadani, Kansas Council of Health-System Pharmacy (Attachment 57)
Devin Quinn, Individual (Attachment 58)
Tracy Russell, Nurture KC (Attachment 59)
Shannon Snyder, Stafford County Health Department (Attachment 60)
Casey Swarts, Individual (Attachment 61)
Brian Thomas, Individual (Attachment 62)
Kendra Walsh, Morton County Health Department (Attachment 63)
Erin Woods, Individual (Attachment 64)
Megan Word, Government Relations Director, ACSCAN (Attachment 65)
Chairperson Gossage closed the hearing on SB391.
Chairperson Gossage adjourned the meeting at 9:25 a.m. The next scheduled meeting is February 16, 2024 at 8:30 a.m.
