[As Amended by House Committee of the Whole]
Session of 2000
By Representatives Ballard, Barnes, Compton, Empson, Findley, Fla-
                harty, Flower, Gatewood, Gilbert, Henderson, Henry, Horst, Hutch-
                ins, Kirk, Kuether, Landwehr, P. Long, McClure, McKinney, Nichols,
                Pauls, E. Peterson, Pottorff, Ray, Reardon, Sharp, Showalter, Span-
                gler, Storm, Toelkes, Weber, Weiland and Welshimer

16             AN  ACT creating the council on obesity prevention and management.
19       Be it enacted by the Legislature of the State of Kansas:
20             Section  1. (a) There is hereby created the Kansas council on obesity
21       prevention and management, hereinafter referred to as the ``council'',
22       within the department of health and environment. The council shall be
23       in existence for the period from August 1, 2000 to March 31, 2002. In
24       addition to any legislative appropriation, the council may accept and ex-
25       pend grants and private donations from any source, including federal,
26       state, public and private entities, to assist the council to carry out the
27       council's functions.
28             (b) For the purposes of this act, obesity is classified as a disease in all
29       cases where the person's body mass index (BMI) is 30 kg/m2, or where
30       a person's body mass index (BMI) is 27 kg/m2 or greater and the person
31       suffers from one or more of the following conditions or diseases:
32             (1) Type II diabetes;
33             (2) impaired glucose tolerance;
34             (3) hyperinsulinemia;
35             (4) dyslipidemia;
36             (5) hypertension;
37             (6) cardiovascular disease;
38             (7) gastric reflux disease;
39             (8) gall bladder disease;
40             (9) osteoarthritis of the hips or knees;
41             (10) sleep apnea;
42             (11) cerebrovascular disease.
43             Sec.  2. The powers, functions and duties of the council shall include,


  1       but not be limited to, the following:
  2             (a) The collection and analysis of data regarding the extent to which
  3       children and adults in Kansas suffer from obesity, and the programs and
  4       services currently available to meet the needs of overweight children and
  5       adults, and the funds dedicated by the state to maintain such programs
  6       and services.
  7             (b) The collection and analysis of data to demonstrate the economic
  8       impact on the state of treating obesity-related diseases and the estimated
  9       cost savings of implementing a comprehensive statewide obesity preven-
10       tion and management model.
11             (c) The establishment and maintenance of a resource databank con-
12       taining information about obesity and related subjects accessible to ed-
13       ucational and research institutions, as well as members of the general
14       public.
15             (d) Consideration of the feasibility of awarding tax incentives for work
16       sites which promote activities to reduce obesity in the work force.
17             (e) The establishment of recommendations to enhance funding for
18       effective prevention and management programs and services, including
19       medicaid, private health insurance programs and other state and federal
20       funds.
21             (f) The establishment of recommendations designed to assure that
22       children of school age who may have early indicators of obesity have
23       access to affordable, effective prevention and management services.
24             (g) The establishment of recommendations for changes to statewide
25       elementary and secondary education curricula to implement comprehen-
26       sive, coordinated obesity awareness and education programs.
27             (h) Recommendations to enhance clinical education curricula in
28       medical, nursing and other schools of higher education to implement
29       comprehensive, coordinated obesity awareness and education courses.
30             (i) Recommendations to increase education and awareness among
31       primary care physicians and other health professionals regarding the rec-
32       ognition of obesity as a disease, and effective prevention and
33       management.
34             (j) Consideration of a state prevention campaign to increase public
35       awareness of the need for early prevention and management of obesity,
36       possible including:
37             (1) A broad-based public education campaign outlining health risks
38       associated with failure to receive treatment for obesity.
39             (2) A health professional training campaign.
40             (3) A targeted public education campaign directed toward high risk
41       populations.
42             (k) Coordination with the United States center for disease control,
43       the national center for chronic disease prevention, the United States de-


  1       partment of agriculture, the United States department of health and hu-
  2       man services and the United States department of education to share
  3       resources and information in order to ensure a comprehensive approach
  4       to the disease of obesity and obesity-related conditions.
  5             (l) Coordination with the state departments of education, human re-
  6       sources, health and environment, and social and rehabilitation services to
  7       share resources and information in order to ensure a comprehensive ap-
  8       proach to the disease of obesity and obesity-related conditions.
  9             (m) Identification of and recommendations to reduce cultural, envi-
10       ronmental and socioeconomic barriers to prevention and management of
11       obesity in Kansas.
12             Sec.  3. (a)  The council shall convene for its first meeting no later
13       than October 1, 2000. The chairperson and vice-chairperson of the coun-
14       cil shall be appointed by the secretary of health and environment. The
15       council shall have a program coordinator and a half-time clerical staff
16       person to assist in administering the business of the council. The council
17       may adopt such rules of procedure as are necessary to facilitate orderly
18       conduct of its business.
19             (b) The council shall be composed of the following members:
20             (1) The secretary of health and environment or the secretary's
21       designee.
22             (2) The secretary of social and rehabilitation services or the secre-
23       tary's designee.
24             (3) The state commissioner of education or the commissioner's
25       designee.
26             (4) The secretary of human resources or the secretary's designee.
27             (5) A representative of the office of the governor, to be appointed by
28       the governor.
29             (6) Two members of the house of representatives, one appointed by
30       the speaker and one by the minority leader.
31             (7) Two members of the senate, one appointed by the president and
32       one by the minority leader.
33             (8) Two representatives of the public-at-large to be selected by the
34       secretary of health and environment.
35             (9) The president of the Kansas state medical society or the presi-
36       dent's designee.
37             (10) The president of the Kansas state nurses association or the pres-
38       ident's designee.
39             (11) The president of the Kansas pharmacists association or the pres-
40       ident's designee.
41             (12) The president of the Kansas chapter of the American academy
42       of pediatrics or the president's designee.
43             (13) The executive vice chancellor of the University of Kansas Med-


  1       ical Center or the chancellor's designee.
  2             (14) The president of the Kansas association of health plans or the
  3       president's designee.
  4             (15) The president of the Kansas public health association or the
  5       president's designee.
  6             (16) The president of the Kansas health insurance association or the
  7       president's designee.
  8             (17) A representative appointed from the Kansas state office of the
  9       American association of retired persons.
10             (18) A representative of the Kansas dietetic association.
11             (19) The president of the physical therapy association or the presi-
12       dent's designee.
13             (20) A member appointed by the commissioner of insurance.
14             (21) The president of the Kansas hospital association or the presi-
15       dent's designee.
16             [(22) A representative of the food processing and manufactur-
17       ing industry selected by the secretary of health and environment.]
18             (c) All members shall serve without compensation, except that the
19       program coordinator of the council and a half-time staff member shall
20       receive a salary to be determined by the secretary of health and
21       environment.
22             (d) The council shall meet at least quarterly. Meetings also shall be
23       held on call of the chairperson or at the request of at least three members
24       of the council.
25             (e) The council shall submit a report, including proposed legislation
26       if necessary, to the governor and to the house of representatives, health
27       and human services committee and the senate health and welfare com-
28       mittee, prior to the convening of the 2002 legislative session. Such report
29       shall include a comprehensive state plan for implementation of services
30       and programs in the state of Kansas to increase prevention and manage-
31       ment of the disease of obesity in adults and children and an estimate of
32       the cost of implementation of such a plan.
33             (f) All department, boards, agencies, officers and institutions of the
34       state and all subdivisions thereof shall cooperate with the council in car-
35       rying out its purposes pursuant to this act. 
36        Sec.  4. This act shall take effect and be in force from and after its
37       publication in the statute book.