Publications iconKansas Register

Volume 40 - Issue 41 - October 14, 2021

State of Kansas

Department of Health and Environment

Notice of Hearing on Proposed Administrative Regulations

The Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Epidemiology and Public Health Informatics, will conduct a public hearing at 2:00 p.m. Thursday, December 16, 2021, to receive public comment regarding the adoption of proposed amended KDHE Article 1 contact tracing regulations 28-1-40, 28-1-41, 28-1-42, 28-1-43 and 28-1-44.

Due to recent public health concerns, only remote public participation is available. To participate in the teleconference hearing, call 1-866-620-7326 and enter conference code 8141969688#. During the teleconference public hearing, all interested individuals will be given a reasonable opportunity to present their comment orally on the proposed regulations. It is requested that each individual giving oral comment provide a written copy of the comment for the record prior to the hearing by email or postal mail to the email or postal mailing address listed in this notice or by fax to the fax number also listed in this notice. In order to give each individual an opportunity to present their comment, it may be necessary for the hearing officer to request that each presenter limit an oral presentation of comment to an appropriate time frame.

The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comment on the proposed regulations. Individuals are encouraged to participate in the public hearing by submitting written comment prior to 5:00 p.m. on the day of the hearing. Submit written comment, including a written copy of oral comment, to Farah S. Ahmed, MPH, PhD, Environmental Health Officer and State Epidemiologist, Bureau of Epidemiology and Public Health Informatics, Kansas Department of Health and Environment, Curtis State Office Bldg., 1000 SW Jackson, Topeka, KS 66612-1365, by email to Farah.Ahmed@ks.gov, or by fax to 1-877-427-7318.

A summary of the proposed regulations and estimated economic impact follows:

Summary of Regulations:

K.A.R. 28-1-40. Definitions. In addition to the terms defined in L. 2021, ch. 116, sec. 38, and amendments thereto, defines the terms department, personal information, protected health information, and third party, as used in L. 2021, ch.116, sec. 38, and amendments thereto.

K.A.R. 28-1-41. Contact tracers. Specifies the qualifications and training requirements and the oath or affirmation for individual contact tracers acting under the authority of the secretary or a local health officer.

K.A.R. 28-1-42. Contact data; communication with contacts. Specifies the personal information, including name, date of birth, and sex, that may be collected for any contact by an individual acting as a contact tracer under the authority of the secretary or a local health officer. Specifies the health data, including vaccination and testing status, that may be collected for any contact by an individual acting as a contact tracer under the authority of the secretary or a local health officer. Provides the text for a contact tracer to use whenever communicating with a contact. Requires that a contact tracer document whether the text was provided and the contact’s responses to the questions.

K.A.R. 28-1-43. Surrender or destruction of contact data. Sets forth when contact tracers must surrender contact data to the secretary or local health officer and when contact data must be destroyed safely and securely in a manner approved by the secretary when contact data is no longer necessary for the purpose of contact tracing.

K.A.R. 28-1-44. Sunset provision. Specifies that K.A.R. 28-1-40 through 28-1-43 will have no force and effect after June 30, 2022.

Economic Impact:

Cost to the agency: The proposed regulations will result in minimal costs to KDHE that can be absorbed in the ongoing KDHE budget. KDHE has overseen contact tracing for a number of years, working with local health departments and businesses.

Cost to the public: KDHE does not anticipate that any costs will be passed to members of the public because of the proposed regulations. These regulations do not impose costs on businesses and economic development.

Cost to other governmental agencies or units: The proposed regulations will impose costs on local health departments. However, KDHE estimates that the annual and total implementation and compliance costs of these regulations on local health departments will be minimal.

While these proposed regulations will only result in minimal costs, the cost of contact tracing due to COVID-19 will be extensive.

A detailed economic impact is provided in the economic impact statement that is available from the designated KDHE contact person or at the KDHE Bureau of Epidemiology and Public Health Informatics website, as listed below.

Complete copies of the proposed regulations and the corresponding economic impact statement may be obtained from the KDHE Bureau of Epidemiology and Public Health Informatics website at http://www.kdheks.gov/bephi/index.html at the Regulations and Statutes link or by contacting Farah S. Ahmed at Farah.Ahmed@ks.gov, phone 785-296-6426, or fax 1-877-427-7318. Questions pertaining to the proposed regulations should be directed to Farah S. Ahmed at the contact information above.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and the economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Farah S. Ahmed.

Lee A. Norman, M.D.
Secretary

Doc. No. 049499