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Minutes for SB14 - Committee on Judiciary

Short Title

Extending certain provisions of the governmental response to the COVID-19 pandemic in Kansas and providing certain relief related to health, welfare, property and economic security during this public health emergency.

Minutes Content for Tue, Jan 12, 2021

Jason Thompson gave a bill brief for SB14 explaining that the provisions of the (2020 Special Session) HB2016 governmental response to the COVID-19 pandemic will be extended past January 26, 2021 to March 31, 2021. (Attachment 1)

Adam Proffitt submitted the fiscal note for SB14. (Attachment 2)

Chairperson Warren called for testimony on the bill. There were no opponents speaking.

Proponent, Oral

Eric Stafford spoke as a proponent of SB14 saying the law that went into effect last year was a compromise. Businesses would like to keep the liability protection in place indefinitely but are happy to see the extension. (Attachment 3)

Dan Murray spoke as a proponent of SB14 saying small business owners support the extension of business and product liability in this bill. (Attachment 4)

Mike O'Neal spoke as a proponent of SB14 giving an overview of the situation and the need to have the law cleaned up to make it more efficient and more effective. (Attachment 5)

Scott Schneider spoke as a proponent of SB14 stating his group's support of efforts to extend the curbside and carryout provisions and the business liability protections passed in (2020 Special Session) HB2016. (Attachment 6)

Amanda Stanley spoke as a proponent of SB14 saying the last 10 months have given challenges to local municipalities due to emergency proclamations, essential public safety, telemedicine, and all. She stated municipalities need the extension to review the entire act before the extension expires. (Attachment 7)

Rachelle Colombo spoke as a proponent of SB14 stating the extension is necessary, but there are parts that should be tied to a different deadline. She stated some provisions have not been matched well with existing law and some things need to be addressed in a broader view than just the COVID-19 pandemic. (Attachment 8)

Audrey Dunkel spoke as a proponent of SB14 saying thank you for passing (2020 Special Session) HB2016 as it has served hospitals well during this pandemic. Her organization would like to see it extended. She also stated that emergency licensure and regulatory flexibility along with the ability to use off campus areas has been very helpful to hospitals as they have struggled with staffing. (Attachment 9)

Steven Duerst spoke as a proponent of SB14 . He stated Centura Health's need of extensions for of sections 10 & 23 of the act because it allows the use of out of state clinicians to assist Kansas needs. He stated the need to extend these sections through Fall 2021 because of the nature of the situation. (Attachment 10)

Derek Hein spoke as a proponent of SB14 and gave a brief history of legislation introduced by his group that had never gotten out of committee. He presented a question of legislative intent pertaining to the licensure of anesthetist assistants that has arisen from the passage of (2020 Special Session) HB2016. (Attachment 11)

Written Proponent Testimony was submitted by the following people:

Neutral, Oral

Tucker Poling gave neutral testimony for SB14 explaining a housekeeping matter about Section 9 of SB14. He stated as it is written, the bill removes the Kansas Board of Healing Arts' ability to regulate out of state providers. The Board regulates via licensure. He stated if the Board accepts out of state providers without requiring a Kansas license, it means they do not have to follow Kansas rules. The Board believes this is a public health issue and that Section 8 of the bill provides a way to give an emergency temporary license. He stated the requested change would allow the Board to control out of state providers and does not threaten the telemedicine piece. He stated the Board does not oppose the civil liability section, but is concerned that the language would give a provider giving inappropriate advice a free pass on liability. COVID-19 should not exempt someone from being held responsible to Kansas law. (Attachment 21)

Zack Pistora gave neutral testimony for SB14 explaining his concern was not about the substance of the hearing, but the process. He objected to the short turn around time from when this hearing was announced in the Senate calendar to the hearing date. He suggested that there be at least a 48 hour turn around between the announcement and a hearing. (Attachment 22)

There was discussion.

The hearing for SB14 will be continued on January 13, 2021. The meeting adjourned at 12:00 PM.