Session Law

Identifying Information:L. 2001 ch. 058
Other Identifying Information:2001 Senate Bill 64
Tax Type:Other
Brief Description:An Act relating to public health; concerning the reporting of AIDS and HIV; amending K.S.A. 2000 Supp. 65-6002 and 65-6011 and repealing the existing sections.
Keywords:


Body:

CHAPTER 58

SENATE BILL No. 64


An Act relating to public health; concerning the reporting of AIDS and HIV; amending

K.S.A. 2000 Supp. 65-6002 and 65-6011 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 65-6002 is hereby amended to read as

follows: 65-6002. (a) Whenever any physician has information indicating

that a person is suffering from or has died from AIDS, such knowledge

or information shall be reported immediately to the secretary, together

with the name and address of the person who has AIDS. Any physician

or administrator of a medical care facility or such administrator's designee

who is in receipt of a report indicating laboratory confirmation of HIV

infection resulting from the examination of any specimen provided to a

laboratory by such physician or administrator or designee shall report all

such information to the secretary. Reports shall be provided within 30

days of testing and shall include the name and address of the person

tested, the type of test or tests performed, the date of performance of

the test or tests, the results of the test or tests, the sex, date of birth,

county of residence and racial/ethnic group of the person tested.

(b) Whenever any laboratory director has information on laboratory

confirmation of HIV infection, this information shall be reported to the

secretary. Reports shall be provided within 30 days of testing and shall

include the type of test or tests, the results of the test or tests, dates of

performance of the test or tests, the name of the physician or facility

requesting the test or tests, and any identifying information about the

person tested as the laboratory director has access to, such as the name

and address of the person tested, the sex, date of birth, county of resi-

dence and racial/ethnic group, exposure category and pregnancy status of

the person tested.

(c) Any physician, administrator of a medical care facility or such

administrator's designee or laboratory director who reports the informa-

tion required to be reported under subsection (a) or (b) in good faith and

without malice to the secretary shall have immunity from any liability,

civil or criminal, that might otherwise be incurred or imposed in an action

resulting from such report. Any such physician, administrator or designee

or laboratory director shall have the same immunity with respect to par-

ticipation in any judicial proceeding resulting from such report.

(d) Information required to be reported under subsection (a) or (b)

and information obtained through laboratory tests conducted by the de-

partment of health and environment relating to HIV or AIDS and persons

suffering therefrom or infected therewith shall be confidential and shall

not be disclosed or made public, upon subpoena or otherwise, beyond

the disclosure necessary under subsection (a) or (b) or under subsection

(a) of K.S.A. 65-6003 and amendments thereto or the usual reporting of

laboratory test results to persons specifically designated by the secretary

as authorized to obtain such information, except such information may

be disclosed:

(1) If no person can be identified in the information to be disclosed

and the disclosure is for statistical purposes;

(2) if all persons who are identifiable in the information to be dis-

closed consent in writing to its disclosure;

(3) if the disclosure is necessary, and only to the extent necessary, as

specified by rules and regulations of the secretary, to protect the public

health;

(4) if a medical emergency exists and the disclosure is to medical

personnel qualified to treat AIDS or HIV infection, except that any in-

formation disclosed pursuant to this paragraph shall be disclosed only to

the extent necessary to protect the health or life of a named party; or

(5) if the information to be disclosed is required in a court proceeding

involving a minor and the information is disclosed in camera.

(e) Information regarding cases of AIDS or HIV infection reported

in accordance with this section shall be used only as authorized under

this act. Such information shall not be used in any form or manner which

would lead to the discrimination against any individual or group with

regard to employment, to provision of medical care or acceptance into

any facilities or institutions for medical care, housing, education, trans-

portation, or for the provision of any other goods or services.

Sec. 2. K.S.A. 2000 Supp. 65-6011 is hereby amended to read as

follows: 65-6011. On or before January 8, 2001, and annually thereafter,

the secretary of health and environment shall report to the legislature

concerning the impact of the changes made to K.S.A. 65-6001 et seq. by

sections 1 to 6, inclusive, of this act. On July 1, 2001, the provisions of

K.S.A. 65-6001 to 65-6010, inclusive, and amendments thereto, are

hereby repealed through 65-6007, and amendments thereto.

Sec. 3. K.S.A. 2000 Supp. 65-6002 and 65-6011 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 2, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001