Senate panel approves KU Med stem cell therapy grant, increased oversight for laboratories

by Noah Taborda, Kansas Reflector

Topeka — A Kansas Senate committee greenlit a bill Friday investing half a million dollars in the University of Kansas Medical Center’s plan to conduct COVID-19 stem cell therapy trials.

The $500,000 appropriation for the Midwest Stem Cell Therapy Center must be used in 2022 or 2023 to conduct a phase one clinical trial with severe COVID-19 patients. The Legislature established the center in 2013 to focus on a stem cell research program for transplant patients.

In a hearing Wednesday, representatives from the center told legislators medical professionals could use these treatments to treat patients with COVID-19 who experience extreme inflammation.

“We have an opportunity here to be on the cutting edge and leading not only the state or nation, but the world in this type of research that could lead to groundbreaking ways of using the therapies,” said Sen. Renee Erickson, R-Wichita. “They’re working to treat a variety, not just COVID-19 – which is very important – of diseases and ailments that have plagued people for decades.”

The Senate Public Health and Welfare Committee approved the bill along with a handful of other measures, including a bill to require public reporting of certain lab accidents. The initiatives now go to the Senate, where the full chamber will weigh in on the issues.

Sen. Pat Pettey, a Kansas City, Kansas, Democrat, voiced concerns about the lack of prior approval from the Food and Drug Administration for the use of these treatments for COVID-19.

“Secondly, I have concerns, and this is specific to COVID-19, with those cases decreasing whether they would have enough patients to enroll,” Pettey said. “The Midwest stem cell therapy center does good work, but I don’t see it in the purview of this committee to be making appropriations for a specific item that does not even have a trial study in place.”

A KU Medical Center representative acknowledged the potential for insufficient patients and the need to gain FDA approval as soon as possible during testimony.

A bill amending when an occupational therapist can treat a patient and what insurance they must carry, as well as a bill amending the Children’s Health Insurance Program, also gained committee approval.

A bill enacting the Biological Laboratory Accident Transparency Act raised concerns about the potential for overly burdensome regulations.

“It seems to be directed specifically toward the lab at Kansas State, which there is tremendous oversight over that lab already,” Pettey said. “It took us 10 years to get it and I feel that this is total overreach and not really being directed for the needs of our state.”

The act would require labs that deal with human pathogens or infectious diseases to report any accidents or close calls to the public. Supporters pointed to unsupported theories that COVID-19 originated from a lab in China.

Sen. Richard Hilderbrand, a Galena Republican and chairman of the Senate committee, said the oversight they had did not guarantee public knowledge.

“The transparency part, for the general public to have knowledge when there is a mishap and accident, a spillage or leakage or something like that, is imperative,” Hilderbrand said. “It’s imperative that the general population understands what’s going on, whether the origins are from a bat or from the Wuhan laboratory.”

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Legislative update from Sen. Pat Pettey

Legislative update from Sen. Pat Pettey, D-6th Dist.

April 4, 2014

In this issue:

• Senate adjourns this week

• School finance

• Community forum

• Kansas Health Institute

• Health information

Senate adjourns this week  

Legislators worked long days this week finishing legislative business before the session break.

The session is scheduled to end April 4.

After this date, bills that haven’t passed both chambers can no longer be debated although certain bills are exempt from this deadline.

Following a short break, legislators will return for the veto session in late April. At that time, exempt bills, conference reports, and any vetoes by the governor will be considered.

If you have any questions about any of the legislation being considered, feel free to contact my office at 785-296-7375 or stop by my legislative office, located in 125-E of the Topeka Statehouse. My assistant’s name is Jennifer Parson.

School finance  

The Senate will likely not finish today, but will convene again on Saturday, April 5, to work school funding legislation in response to the Gannon decision handed down by the Supreme Court.

I have voted “no” on this legislation, and join with Sen. Anthony Hensley in his explanation of that “no” vote, offered on the Senate floor:

“Madam President:

“I vote no on HB 2506.

“Less than one month ago the Kansas Supreme Court affirmed that the legislature has created an unconstitutional school finance system and then was the time to fix it. They told us to resolve inequities by fully funding capital outlay and local option budget equalization.

“Unfortunately, we have waited until the final two days of the legislative session to address this issue. When the equity issue should have been this legislature’s first and foremost priority.

“It is absurd that we are discussing more cuts to important areas of education – at-risk, virtual schools, transportation – to fix this. More cuts are not the solution.

“This bill makes unnecessary and unvetted new education policy such as blocking the implementation of the Common Core standards, creating a corporate tax scholarship credit, eliminating due process for teachers, and establishing a property tax credit without a fiscal note for families using private schools.

“The school finance formula is not broken and should not be changed. The formula is underfunded. And, if we really want to put money into the classroom, we should be restoring the cuts and raising the base state aid per pupil.”

– Anthony Hensley

This session on the Senate floor continued until 1:45 a.m. Friday morning. We debated the education funding bill for 6 hours.

Update from the House (from the Topeka Capital-Journal):

Both Gov. Sam Brownback, a Republican, and his Democratic challenger, House Minority Leader Paul Davis, urged the House to pass a compromise school finance bill Friday, in a bipartisan effort.

“While I was hoping to vote for a little bit better product, this does address the most important issue court set before us, which is that we need to fund the equalization pats of the (K-12 funding) formula,” Davis said about Senate Bill 218. To read this story, visit http://m.cjonline.com/news/2014-04-04/house-oks-bipartisan-school-finance-bill.

Community forum  

Members of the Wyandotte County legislative delegation will participate in a Town Hall Forum sponsored by the Kansas City, Kan., Area Chamber of Commerce. The forum will be held from 9 to 10:30 a.m. April 12, at the West Wyandotte Public Library, 1737 N 82nd St., Kansas City, Kan. All are welcome to attend, and I hope to see you there. I look forward to the opportunity to speak with you and answer any questions you may have about this legislative session.

Kansas Health Institute  

According to the 2014 Rankings, the five healthiest counties in Kansas, starting with the most healthy, are Johnson, followed by Riley, Pottawatomie, Waubaunsee and Stevens. The five counties in the poorest health, starting with the least healthy, are Woodson, Elk, Wyandotte, Chautaqua, and Decatur.

The Rankings provide county-to-county comparisons within a state. In Kansas, this year’s Rankings show that within communities that rank lowest, babies are 50 percent more likely to have low birth weight and children are more than four times more likely to live in poverty than in communities that rank at the top.

Health information

From the American Heart Association:

“Children consume 45 percent more snack food when exposed to food advertising. 34 percent of food products in ads targeting children and teens are candy and snacks.”

Legislative update from Sen. Pat Pettey

Legislative update from Sen. Pat Pettey, D-6th Dist.

March 26, 2014

In this issue:

• Senate nearing first adjournment

• House releases school finance plan

• Governor signs bills

• Renewable portfolio standards

• Net metering

• Sedgwick County vote blocked

• Suspended license amendment

• Over at the House

• Pat’s thoughts

• Health information

• Education information

Senate nearing first adjournment

Legislators worked all day on the floor Monday through Wednesday, reserving Thursday and Friday for possible committee work.

The extended days are in preparation for the upcoming first adjournment, scheduled for April 4.

After this date, bills that haven’t passed both chambers can no longer be debated although certain bills are exempt from this deadline.

Following a short break, legislators will return for the veto session in late April. At that time, exempt bills, conference reports, and any vetoes by the governor will be considered.

If you have any questions about any of the legislation being considered, feel free to contact my office at 785-296-7375 or stop by my legislative office, located in 125-E of the Topeka Statehouse. My assistant’s name is Jennifer Parson.

House releases school finance plan

Late last week, House Republicans introduced a 59-page bill (HB2773) to address school finance that also addressed other topics related to education including expanding charter schools and establishing tax credits for vouchers.

Shortly after the introduction of the bill, House leadership rejected the bill and said a new bill would be introduced.

This week, House Republicans introduced House Bill 2774. In addition to funding capital outlay and local option budget equalization to comply with the court ruling, the bill seeks to expand innovative districts to not exceed 56 districts, alter the transportation weighting portion of the formula to cut funding, and create alternative teacher licensures that bypass the State Board of Education and do not require any teaching-related coursework.

The House Committee on Appropriations discussed the bill Wednesday and has scheduled a hearing on it for Monday, March 31.

The chair indicated that nothing is off the table and everything will be considered.

This means there could be amendments added to include the expansion of charter schools or establishing tax credits, as we saw in the previous bill.

In other words, just because HB2774 has been introduced does not mean HB2773 or any of its elements are dead.

t set in stone, either.  Right now, the proposed amount is $129 million. This figure was provided by the deputy commissioner of the Kansas Department of Education.

The bills introduced by Democrats in the House (House Bill 2768) and Senate (Senate Bill 443) that solely fund equalization have yet to be brought up for discussion in committees.

I am concerned that many of the policy changes proposed in both HB 2773 and HB 2774 have not received hearings or been worked by either House or Senate Committee on Education.

It is for this reason that I do not believe now is the time to include these policy changes. I firmly believe in solely funding equalization, and discussions for policy changes should be reserved for the 2015 session when there is time to thoroughly vet them.

Governor signs bills  

• Party swapping The bill that prohibits voters from changing party affiliations between the candidate filing deadline and the date the primary election results are certified has been signed into law by Gov. Brownback. It will go into effect July 1, 2014. The bill passed the Senate on a vote of 27-12 and the House on a vote of 72-49. This bill is just part of the effort to silence the opposition. I voted against it.

• Victim’s notification The governor has also signed into law the bill introduced by my Senate colleague, Sen. Oletha Faust-Goudeau (D-Wichita) that strongly urges the Department of Corrections to notify a victim’s family within 14 days prior to the release of a criminal defendant. The law is known as Adrian Olajuwon Crosby and Dominique Nathaniel Tyree Green’s Law.

Renewable portfolio standards

On a vote of 25-15, the Senate passed a bill that would repeal the Renewable Energy Standards Act. Senate Sub for House Bill 2014 would put an end to the standards that will require Kansas investor-owned utility companies to have at least 20-percent of their peak demand come from renewable sources, such as wind energy, by 2020.

Proponents of the bill argue that with the RPS in place, the cost of utilities has gone up by 22-percent and it impedes a free market in Kansas.

However, the reality is that most of the increase in costs is from the construction of a new coal plant and from renovations made to existing plants to meet new emission standards.

According to a study by the Kansas Corporations Commission, the compliance with the standards only accounts for an increase in rates of 0 to 1.7-percent, or just a fraction of a cent.

Wind energy is inexpensive, and the renewable portfolio standards provide incentives to bring job growth to the state, especially in rural areas.

Repealing the standards also jeopardized agreements made with companies that came to Kansas specifically for the opportunity to utilize renewable energy, including the Mars factory that was recently built in Topeka.   I voted against the bill. I am pleased that the House voted against concurring with the Senate thereby killing it for this session.

Net metering  

The full Senate debated and passed 39-0, House Bill 2101, the bill on net-metering.

The Senate Utilities Committee reworked the bill; in addition to protecting current customer-generators, the committee work restored some allowance for generation capacity and proposed options such as time-of-use rates and minimum bills for a rate proceeding.

I think a good compromise was reached and I voted for the bill.

Sedgwick County vote blocked  

On a vote of 28-12 the Senate approved House Bill 2125, which prohibits Sedgwick County from holding a second public vote on whether to allow slot machines at the race track. I voted against this bill. I believe it is simply political retribution against the owner of the race track who contributed to the campaigns of moderate Republicans and, as a result, silences the will of the people.  This bill is repugnant and entirely unnecessary.

Over at the House  

• Autism coverage On a vote of 114-3, the House passed the House Bill 2744, which requires insurance companies to provide coverage for autistic children up to the age of 12 starting in 2016.

Autism Speaks was very active in suggesting modifications to the bill.  The bill is on General Orders in the Senate. I hope the Senate will concur with the work of the House on HB2744 so that we can start providing necessary insurance coverage to more Kansas children with autism.

We have learned that by including treatment for autistic children in the SHEP (State Health Employee Plan) that the cost is low and affordable at 31cents PMPM.  Early intervention with children can make a big difference in cutting lifetime costs and can enable many autistic children to start school and succeed in regular classrooms.

• Health compact A bill that seeks to exempt the state of Kansas from federal health care laws passed the House on a vote of 74-48. House Bill 2553 permits Kansas to join a multi-state compact where member states would retain full authority over health care rules, regulations, and orders within their respective jurisdiction while still receiving federal dollars up to the amount appropriated for the state under the current federal health care law.

This bill would give the state of Kansas the ability to accept federal dollars for Medicare, but privatize it like it has done for Medicaid under KanCare. The bill currently awaits a hearing in the Senate Committee on Federal and State Affairs. I do not support this bill.

• Raffle amendment On a vote of 102-19, the House approved a constitutional amendment that would legalize charity raffles. The proposed amendment would alter Section 3 of Article 15 – which prohibits lotteries with the exception of bingo, betting on dog and horse races, and state-owned and operated lottery – to authorize the Legislature to establish licensing, conduct, and regulation of charitable raffles by nonprofit, religious, charitable, fraternal, educational, and veterans organizations. Sub for SCR 1618 passed the Senate unanimously a few weeks ago. It now goes to the governor’s desk. If signed by the governor, it will be included on the ballot for public vote during the 2014 general election.

Thoughts  

In the last two days we have worked over 70 bills on the Senate floor. A lot of them do not reflect less government, but just the opposite.

One bill designated Tylosaurus as the official state marine fossil.

HB 2223 allows home brewers the opportunity to taste and judge their brews in events as well as increasing the annual beer production for microbreweries.

HB 2673 added required training for pharmacy technicians and had regulations touching  nearly all who work in the health field.

We passed a bill to add the Bonnie Sharp memorial interchange at I-635 and Metropolitan.

HB 2272 gives the Southeast part of Kansas, close to Oklahoma , to go after a casino but lowers the financial threshold.

I voted favorable for each of these bills and that would be true of most of the work we did. However, with 10 to 15 percent of the bills they were unnecessary . I felt they were retaliation to the federal government , local government or an organization. Politics is not always pretty.

Health information

From the American Heart Association: “People in some communities in Kansas have limited opportunities to make healthy food choices. These communities are referred to as food deserts. There are three times as many supermarkets in wealthy neighborhoods as in poor neighborhoods.”

Education information  

The roots of the Kansas State Board of Education are founded in the State Constitution.

• 1861—The first State Constitution Article VI noted the responsibility of the state to provide for the education of its people.

• 1873—The first State Board of Education was created by the Legislature.

• 1915—Legislation created a State Department of Education.

• 1966—Citizens amended the State Constitution, Article VI to provide for a State Board of Education which “shall have general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents.”

A sample of the duties and responsibilities of the Kansas State Board of Education include:

• Determine statewide curricular standards • Establish high school graduation requirements

• License K-12 educators

• Establish state accountability systems

• Implement and administer federal and state programs

• Accredit schools

• Serve as the Board for the State School for the Deaf and the State School for the Blind