Expansions on vaccine exemptions, limits on public health officials advance in KS Senate
Kansas lawmakers on Thursday advanced bans on mask mandates and COVID-19 vaccine requirements as cases plummet, and voted to implement a no-questions-asked policy for parents seeking to exempt their children from typical vaccinations.
The GOP-controlled Senate approved a series of bills aimed at altering Kansas’ public health framework including extensive limits on school, local and state health officials. However, they failed to reach a veto-proof majority.
Democratic Gov. Laura Kelly said Wednesday she thought it was a “really bad idea” to restrict the authority of public health leaders.
Proponents framed the bills as a needed check on the power of local and state public health officials, who invoked their authority on a broad scale to stem the spread of COVID-19.
The largest measure, which passed 24 to 14, would prevent mask directives and church closures in any public health emergency and bar business and capacity limits from being imposed for more than 30 days at a time.
A separate bill, approved 24 to 16, would bar the Kansas secretary of health and environment from ordering quarantines or capacity restrictions.
“In the last two years we saw vast government overreach, and the bill puts in guidelines to prevent that from happening in the future,” Sen. Kellie Warren, a Leawood Republican who is running for attorney general, said.
Public health officials have said the legislation could effectively tie their hands for combating future pandemics or smaller outbreaks of contagious diseases. At the same time, they argue, the bill may increase the risk of outbreaks by loosening childhood vaccine mandates.
“I just see these things as so short sighted,” said Sen. Pat Pettey, a Kansas City Democrat. “It’s not based on what Kansans believe or want, it’s based on a very vocal minority that actually started this cry well before COVID.”
The bill banning mask mandates also institutes a no-questions-asked policy for religious and medical exemption requests on regularly scheduled childhood vaccines, such as polio and measles, essentially allowing for philosophical objection. Furthermore, it establishes broad exemptions to any vaccine not fully approved by the Food and Drug administration.
During the debate Warren insisted that the bill would not change current law on the topic because the religious exemption language had already been passed in the Legislature’s November special session and most regular schedule childhood vaccines are FDA approved.
The special session legislation, however, only applied to COVID-19 vaccine requirements in the workplace.
Sen. Mike Thompson, a Shawnee Republican, said such broad exemptions should be allowed in schools because “we’re making the assumption that all vaccines are safe, they are not.” All required vaccines for school children have been proven in studies to be safe and effective.
Mark Tallman, a lobbyist for the Kansas Association of School Boards, said it is hard to say exactly what impact the loosened rules for childhood vaccines would have. Schools, he said, generally do not investigate the sincerity of religious beliefs cited by families seeking exemptions.
“Practically speaking if parents don’t want to get their kids vaccinated they can already opt out,” Tallman said.
If passed, the bill would build upon legislation approved last year that removed local health officers’ power to issue unilateral orders. It also establishes a process for residents to sue over public health orders and limited Gov. Laura Kelly’s emergency powers.
The new measure now heads to the House, where Republican leaders have been skeptical of whether it represents the best approach.
Rep. Fred Patton, a Topeka Republican who chairs the House Judiciary Committee, said he’d prefer taking the time to look at public health and emergency laws individually rather than pass a massive bill on the topic.
“We don’t know what the future holds, I hope we’re not going to end up in a situation again where numbers skyrocket,” Patton said. “Hopefully we have some time to slow down and look at these and make sure we get it right if we’re going to make changes.
The Star’s Jonathan Shorman contributed to this report.
