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Minutes for HB2777 - Committee on Public Health and Welfare
Short Title
Prohibiting an employee of the office of the state fire marshal from wearing or operating a body camera during an on-site inspection at a patient care facility.
Minutes Content for Tue, Mar 5, 2024
Chairperson Gossage opened the hearing on HB2777.
Jenna Moyer, Staff Revisor gave an overview of the bill. (Attachment 1) There were no questions.
Representative Timothy H. Johnson gave proponent testimony for HB2777. (Attachment 2) He stated that this legislation is intended to protect the privacy rights of those in any licensed care facility from the use of illegal audio or photographing by the Office of the State Fire Marshal's Office (OSFM) during simple and routine building inspections. He also said there are several legal arguments to refute the current claims by the Fire Marshal.
Kylee Childs testified in support of HB2777. (Attachment 3) She said that after learning that the Office of the State Fire Marshal showed up to the healthcare provider inspection wearing a body camera, LeadingAge Kansas reached out to the OSFM and learned their inspectors have been wearing these devices since 2021. While this practice might be legal, it does not necessarily mean it is the right thing to do and she asks that the legislature to step in.
They took questions from committee members.
Written only, proponent testimony was submitted by:
Tara Mays, Kansas Hospital Association. (Attachment 4)
Linda Mowbray, Kansas Health Care Association and Kansas Center for Assisted Living. (Attachment 5)
Mark Engholm gave neutral testimony on HB2777. He stated that HB2777 as written would prohibit the OSFM from wearing or operating a body camera or other audio or video recording device during an inspection of a patient care facility. If the bill is moved forward, he requests that the bill be amended to permit audio only recording of the inspections and that language be added which would clearly state that this bill would not prohibit the collection of evidentiary images of any violations found by a OSFM during an inspection or investigation.(Attachment 6) (Attachment 7)
He answered questions from committee members.
Chairperson Gossage closed the hearing on HB2777.
