UPDATE: 5/10/2024 - SB 287 was enacted, it was signed by Governor Laura Kelly on 5/10/2024. Effective July 1, 2024; Chapter 108. View the final enrolled version of the bill HERE.
UPDATE: 4/30/2024 - SB 287 Second Conference Committee Report was adopted following the suspending of Joint Rule 4(k): The House adopted the report with a vote of 111 Yeas and 10 Nayes and the Senate adopted the report with a vote of 26 Yeas and 10 Nayes. See the Conference Committee Report HERE. See the Report brief HERE. In the Conference Committee Report, the Senate accedes to all House amendments to the bill and further agrees to amend the bill as printed with the House Committee of the Whole amendments making changes to K.S.A. 65-484, related to eligibility for rural emergency hospital licensure, and K.S.A. 65-6144, related to emergency medical responder authorized activities, as described in the 4/5/2024 update. These amendments are unrelated to vaccination and do not change the provisions of the bill that NVIC supports. NVIC does not take a position on these recommended changes.
UPDATE: 4/29/2024 - House Substitute SB 287 Conference Committee Report was not adopted in the Senate on 4/29/2024. Senate appointed second conferees Senators Gossage, Erickson, and Pettey, and the House appointed Representatives Landwehr, Eplee, and Ruiz, S on 4/29/2024.
UPDATE: 4/5/2024 - House Substitute SB 287 Conference Committee Report was adopted in the House by a vote of 109 Yeas and 10 Nayes. See the Conference Committee Report HERE. See the Report brief HERE.
UPDATE: 4/5/2024 - House Substitute SB 287 was recommended to be further amended by the Conference Committee on 4/5/2024. View the Conference Committee Report with amendments HERE. This recommended amendment adds new sections that make changes to K.S.A. 65-484, related to eligibility for rural emergency hospital licensure, and K.S.A. 65-6144, related to emergency medical responder authorized activities. These amendments are unrelated to vaccination and do not change the provisions in the bill that NVIC supports. NVIC does not take a position on these recommended changes.
UPDATE: 4/2/2024 - House adopted Motion to accede from the Senate for House Substitute SB 287 and Representatives Landwehr, Eplee, and Ruiz, S. were appointed as conferees.
UPDATE: 4/1/2024 - Senate nonconcurred with amendments from the House on the House Substitute SB 287 and a Conference Committee was requested. Senators Gossage, Erickson, and Pettey were appointed as conferees on 4/1/2024.
UPDATE: 3/26/2024 - SB 287 was substituted and passed as amended by a vote of 85 Yeas and 37 Nayes on 3/26/2024.
UPDATE: 3/25/2024 - SB 287 Committee Report by the House Health and Human Services Committee was recommended to be adopted by the Committee of the Whole and recommended to be passed as substituted on 3/25/2024. The Committee of the Whole adopted an amendment by Representative Bryce on 3/25/2024. View the amendment HERE. This amendment makes a clerical change to add "notwithstanding the provisions of K.S.A. 72-6316," related to the administration of certain nonacademic tests, to page 1, line 34 of the bill. This change does not affect the provisions in the bill related to vaccination. NVIC does not take a position on this amendment.
UPDATE: 3/19/2024 - SB 287 was recommended to be substituted with all new language and passed favorably in the House Health and Human Services Committee on 3/19/2024. View the Committee Report HERE.
The House Substitute for SB 287 prohibits a health care provider from prescribing, dispensing, or administering any drugs (including vaccines), diagnostic tests, or conducting a behavioral health treatment on or to a minor in a school facility without parental or a relative's consent.
SB 287 amends several Kansas Statutes including statute 38-137, allowing relative's consent for the vaccination of a minor, to add the following as summarized:
(b)(1) A healthcare provider shall not, while at a school facility and without consent of a minor's parents, (A) prescribe, dispense, or administer any drug to a minor; (B) administer a diagnostic test with the minor's bodily fluids; or (C) conduct ongoing behavioral health treatment of a minor.
(2) The provisions of this section shall not prevent a healthcare provider at a school from conducting a behavioral health assessment or intervention for a minor experiencing a health crisis, nor shall this section prevent them from conducting a school or law-required screening.
(3) A healthcare provider who violates this section shall be subject to professional discipline from their licensing agency.
Upon passage, SB 287 shall take effect from and after its publication in the statute book.
NVIC SUPPORTS the House Substitute SB 287 because it protects children from being subjected to coercion to take a vaccine behind their parents' backs while on school grounds. Schools are not liable for a child who is injured by a vaccine due to their coercive measures. Vaccines are pharmaceutical products that carry risks of injury and death and should not be forced on an individual without their (or their parent's) fully informed consent. An improvement would be to remove statutes such as 38-137 that allow many relatives to control a child's vaccination status. NVIC supports informed consent to vaccination and parental rights to be in control of vaccination decisions for their children. Parents want what is best for their children and they know their children better than a distant relative.
NVIC supports this substitute language and gives the bill the following title in the NVIC Advocacy Portal, "Prohibits healthcare provider from administering any drug including vaccines to a minor in a school facility without parental or relative’s consent." NVIC does not take a position on any provisions in this bill that are unrelated to vaccination.
UPDATE: 4/3/2023 - SB 287 was received by the House and referred to the House Health and Human Services Committee on 4/3/2023.
UPDATE: 3/29/2023 - SB 287 passed the full Senate as amended by a vote of 40 Yeas and 0 Nays on 3/29/2023.
UPDATE: 3/28/2023 - SB 287 Committee Report was adopted by the Committee of the Whole and recommended to be passed as amended on 3/28/2023.
UPDATE: 3/21/2023 - SB 287 was heard in the Senate Public Health and Welfare Committee and recommended to be passed as amended on 3/20/2023. View the Committee Report HERE. This recommended amendment strikes "or vulnerable person" and changes the language to "or a missing person who is 18 years of age or older and has dementia, a developmental disability such as autism spectrum disorder or a cognitive impairment." NVIC does not take a position on this amendment as it is unrelated to vaccination.
UPDATE: 3/17/2023 - SB 287 is scheduled for a hearing in the Senate Public Health and Welfare Committee on Monday, March 20, 2023, at 8:30 AM in Room 142-S. View the Hearing Agenda HERE. To submit testimony, please email [email protected]. All testimony submissions must be in pdf format.
UPDATE: 3/3/2023 - SB 287 was referred to the Senate Public Health and Welfare Committee on 3/3/2023.
SB 287 was introduced in the Senate on 3/2/2023. This bill is sponsored by the Senate Federal and State Affairs Committee. As introduced, SB 287 enacts the Kansas silver alert plan to provide a public notice for a missing elderly person or vulnerable person. The introduced version of this bill is unrelated to vaccination. NVIC does not take a position on the introduced version of this bill.
http://www.kslegislature.org/li/b2023_24/measures/sb287/ - text, status, and history of SB 287
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