Volume 40 - Issue 13A - April 1, 2021

State of Kansas

Office of the Governor

Executive Order No. 21-21
Temporary Authorization for Additional
Vaccinators During State of Disaster Emergency

WHEREAS, securing the health, safety, and economic well-being of residents of the State of Kansas is this Administration’s top priority;

WHEREAS, Kansas is facing a crisis–the pandemic and public health emergency of COVID- 19-resulting in illness, quarantines, school closures, and temporary closure of businesses resulting in lost wages and financial hardship to Kansas citizens;

WHEREAS, the United States Departments of Health and Human Services declared a public health emergency for COVID-19 beginning January 27, 2020, with now more than 30,147,000 cases of the illness and more than 547,000 deaths as a result of the illness across the United States;

WHEREAS, the World Health Organization declared a pandemic on March 11, 2020;

WHEREAS, on March 13, 2020, the President of the United States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, et seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. § 1320b-5), declared that the COVID-19 outbreak in the United States constitutes a national emergency beginning March 1, 2020;

WHEREAS, a State of Disaster Emergency was proclaimed for the State of Kansas on March 12, 2020, and extended to May 28, 2021, by Section 5 of Senate Bill 40 enacted during the 2021 Legislative Session;

WHEREAS, there have been over 302,372 positive cases of COVID-19 in Kansas, spread among all 105 counties and 4,913 deaths as a result of the illness;

WHEREAS, although current supply of COVID-19 vaccines has not exceeded the ability of licensed vaccinators in Kansas to administer the vaccines expeditiously, as vaccine supply increases and as the state moves into Phase 5—in which all Kansans aged 16 and older will be eligible to receive the vaccine—there is likely to be a need to allow additional medical and other professionals with knowledge, education, and experience in injections and inoculations to perform vaccinations; and

WHEREAS, this Administration will do whatever it can to assist Kansans in these challenging times, including providing relief that will help avoid immediate danger to the health, safety, and welfare of Kansans by providing greater access to state unemployment benefits.

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, including the authority granted me by K.S.A. 48-924 and K.S.A. 48-925(b) and (c)(11), in order to mitigate the effects of COVID-19, I hereby direct and order the following:

1. The temporary grant of authority in paragraphs 2 and 3 applies to any Kansas pharmacist, pharmacy student or intern, podiatrist, dentist, dental hygienist, physician’s assistant, advanced practice registered nurse, nurse, advanced emergency medical technician, emergency medical technician, and paramedic or any of the above professionals who are allowed to practice in the State during the public health emergency involving COVID-19 who may administer injections or inoculations within their scope of practice.
2. Subject to the limitations stated in paragraph 4, the professionals identified in paragraph 1 may administer a coronavirus vaccine that is approved or authorized by the federal Food and Drug Administration to an adult patient.
3. Subject to the limitations stated in paragraph 4 and with the approval of a Kansas licensed physician, the professionals identified in paragraph 1 may administer a coronavirus vaccine that is approved or authorized by the federal Food and Drug Administration to a child patient who is 12 years of age or older.
4. The authority granted under paragraphs 2 and 3 is limited to those professionals who have successfully completed:
   1. a course of study and training in vaccination storage, protocols, injection technique, emergency procedures, and recordkeeping as part of their profession; and
   2. have taken a course in cardiopulmonary resuscitation (CPR) for humans and have a current CPR certificate when administering the vaccine.
5. Nothing in this order is intended or should be construed to have the effect of preventing any person from administering COVID-19 vaccines if the person was lawfully administering or allowed to administer COVID-19 vaccines prior to the execution of this order or Executive Order 21-06 or the person is otherwise authorized under other relevant state or federal law.

This document shall be filed with the Secretary of State as Executive Order 21-21. It shall become effective immediately and remain in force until rescinded or until the statewide State of Disaster Emergency extended by Section 5 of Senate Bill 40 enacted during the 2021 Legislative Session and as extended by any subsequent enactment or resolution expires, whichever is earlier.

Dated April 1, 2021.

Laura Kelly
Governor

Doc. No. 049003