KS bill restricts health officials’ power to enforce rules to prevent spread of disease
Kansas lawmakers are attempting to limit the power of state, local and county health officials to adopt rules and regulations to prevent the spread and reporting of contagious or infectious diseases.
The Kansas Senate Senate Committee on Public Health and Welfare considered a bill Monday which would require the state secretary of health and environment to only recommend — not adopt — rules and regulations to prevent the spread of a disease.
The bill would also remove teachers and school administrators from a list of mandated reporters who report infectious or contagious diseases, prevent local or county boards of health from prohibiting public gatherings to control the spread of a disease and eliminate the authority of law enforcement to assist in the execution of isolation or quarantine orders.
The bill comes over years of contentious policy fights in Topeka about COVID-19 mitigation strategies.
Sen. Mark Steffen, a Hutchinson Republican who sponsored the bill, said limiting the secretary of health and environment’s power to adopt rules and regulations would prevent health officials from abusing power.
“What this bill does is convert an inept dictatorship to an educate and recommend status, which is appropriate,” he said. “This is a freedom issue.”
Sen. Beverly Gossage, a Eudora Republican who chairs the Senate Committee on Public Health and Welfare, said she is not sure if the committee will move forward with the bill.
Sen. Pat Pettey, a Kansas City Democrat and ranking Democrat on the Public Health and Welfare Committee, said the legislation would prevent health departments and officials from “quick, decisive reactions” which may yield unforeseen consequences.
“This is about power and the ability of the secretary of health and environment and our health departments to be able to make those quick and decisive decisions that are in the best interests of everybody who lives in that community,” she said.
Pettey added that she thinks schools should be able to report when there is a case of a disease, such as measles, so unvaccinated children and parents can know if they are “highly at risk.”
Jesse Lopez, a surgeon from Overland Park who testified on behalf of the bill, said the pandemic had other adverse effects, such as an increase in depression and anxiety especially among adolescents, that should be considered.
Lopez said his son experienced adverse mental health effects, which he said were not helped by the “depression and isolation” of the pandemic, and it took nearly six months for his son to get an appointment.
“The burden on our health system was so huge from the fear and these draconian measures,” he said. “It has to stop.”
Physician Dena Hubbard, a clinical associate professor of pediatrics at the University of Missouri-Kansas City School of Medicine who opposed the bill, said the majority of practicing physicians support public health measures.
“Similar to drunk driving, do we want people just recommending people don’t drive drunk?” she said. “No, there has to be authority and consequences.”
Melissa Campbell, another supporter, said parents are “entrusted by God” to raise their children and make medical decisions. She said this legislation would prevent an abuse of power, making a comparison to “police states” like China.
“I do not coparent with the government,” Campbell said.
Ashley Goss, deputy secretary for the Kansas Department of Health and Environment, expressed concern that the department would no longer be able to track or prevent the spread of any disease except for tuberculosis. She said measles, chicken pox, ebola and influenza would be “out of the question” if the bill passed.
She also expressed concern that excessive school absences could result if teachers or school administrators are not informed of infectious or incubation periods.
Dennis Kriesel, executive director of the Kansas Association of Local Health Departments who opposed the bill, said the legislation could potentially put lives at risk.
“Allowing someone to ignore recommendations, knowing they have measles, exposes others to it and puts lives at risk,” he said.
Steffen said previous actions to prevent the spread of a disease were ineffective.
“You didn’t do it, you can’t do it,” he said. “Help me understand what part of this COVID response made a difference. You knew beforehand it wouldn’t work, you made it up as you went, you had no science and you have no science now.”
He said limiting the power of health officials to recommend and educate would “bring earnestness” to their efforts. He said health officials would have to regain trust.