KSHF has received a number of calls from people whose loved ones have been admitted to hospitals and neither the patient nor their family are able to voice their preferences for treatment.  Usually, the patient is unable to effectively communicate with hospital staff and the staff refuses to accept requests from the family because they do not have authorization to act for the patient.  This has been a particular problem for families whose treatment preference varies greatly from the health care staff.  Families may want to address this situation prior to the emergency when the issues of treatment can be fully discussed.  Attached is a form titled “Durable Power of Attorney for Health Care Decisions” you may want to consider using to help address these concerns.  KSHF offers no legal advice as to your decision. 

Download the PDF here.

KSHF is has heard that some employers are again pushing vaccines on their employees. Fortunately, in November of 2021, KSHF was able to help pass legislation to restrict employer mandates for COVID-19 that is enforced by the Kansas Department of Labor.

Unfortunately, that statute does not address non-covid vaccine mandates and we are getting calls that some employers are attempting to impose mandates for vaccines such as influenza. To address these other vaccine requirements, the employee can still claim a religious exemption. This position is based upon the statutes banning discrimination that would force an employee to violate their religious beliefs. Even if the exemption satisfies the discrimination statutes, the employer can still decide if it can “accommodate” the employee who is not vaccinating. Remember to pursue this argument in addition to pushing the separate argument concerning COVID-19.

Employers argue they are entitled to consider the “sincerity” of the person’s religious belief and that in order to judge the “sincerity” of the employee’s request for an exemption they are entitled to elicit information that bears on the issue. Accordingly, the many seemingly inane questions about past vaccinations, past medication use and church connections, rightly or wrongly, tend to appear in the forms sent to the employee. Despite providing this information to the employer, this should not necessarily limit the employee’s argument that their present religious beliefs preclude them from vaccinating.

Ultimately, these issues involve a judgment call by the employee as the stakes are high for those wanting to remain employed in the face of a requirement to violate their religious beliefs.

Learn more on our Exemptions page.

We have heard of schools sending letters to parents reminding them that their children must be sufficiently vaccinated to continue to attend school. No mention is made of the statutory exemptions.

Remember, while Kansas requires that school children provide proof that they have taken various vaccines to attend school, the statute also provides that, as an alternative to taking the required vaccines, the parent can submit a medical or religious exemption that will satisfy this requirement. While obtaining a medical exemption can be challenging, the religious exemption requires only the submission of a “statement” from the parent or guardian stating that their child is an adherent of a religious denomination whose teachings are opposed to vaccinations. While some view this language as requiring an examination of the vaccine policies of a particular church, another interpretation is that the “teachings” referred to in the statute refer to the Bible which contains numerous scriptures justifying opposition to vaccinations. The latter view supports religious freedom.

Not only does the statute make no requirement that would involve church leaders but it contains no requirement that the parent or guardian provide any information beyond that contained in the “statement.” Moreover, there is no explicit provision in the statute for school authorities to challenge the validity of the “statement” so elaboration on one’s religious views is unnecessary. In this situation, silence is golden.

Learn more on our Exemptions page.