38-2317.Infectious disease testing and counseling;disclosure of results; penalties.(a) As used in this section:
(1) "Adjudicated person" means a person found to be a juvenile offender or aperson foundnot to be a juvenile offender because of mental disease or defect.
(2) "Laboratory confirmation" meanspositivetest resultsfrom a confirmation test approved by the secretary of health and environment.
(3) "Sexual act" means contact between the penis and the vulva, the penis andthe anus, themouth and the penis, the mouth and the vulva or the mouth and the anus. Forpurposes of thisdefinition contact involving the penis occurs upon penetration, however slight.
(4) "Infectious diseasetest" means a test approved bythesecretary of healthand environment.
(5) "Body fluids" means blood, semen or vaginal secretions or any body fluidvisiblycontaminated with blood.
(6) "Infectious disease" means any disease communicable from one person toanother through contact with bodily fluids.
(b) At the time of the first appearance before the court of a person chargedwith an offenseinvolving a sexual act committed while the person was a juvenile, or in whichit appears from thenature of the charge that the transmission of body fluids from one person toanother may have beeninvolved, the judge shall inform the person or the parent or legal guardian ofthe person of the availability of infectious disease testing andcounseling and shall cause each allegedvictim of the offense and if the alleged victim is a minor, the parent, if any,to be notified that infectious disease testingand counseling areavailable.
(c) If the victim of the offense or if the victim is a minor, if the victim'sparent requests thecourt to order infectious disease tests of the alleged offender or if theperson charged with the offensestated to law enforcement officers that such person has an infectious diseaseor is infected with aninfectious disease, or used words of like effect, the court shall order theperson charged with theoffense to submit to infectious disease tests.
(d) For any offense by an adjudicated person which the court determines, fromthe facts ofthe case, involved or was likely to have involved the transmission of bodyfluids from one personto another or involved a sexual act, the court: (1) May order the adjudicatedperson to submit to infectious disease tests; or(2) shall order the adjudicatedperson to submit to infectious disease tests if a victim ofthe offense, or the parent or legalguardian of the victimif the victim is a minor, requests the court to make such order. If aninfectious disease test is ordered under thissubsection, a victim who is an adult shalldesignate a health careprovider or counselor to receive the information on behalf of the victim. If avictim is a minor, theparent or legal guardian of the victim shall designate the health care provideror counselor to receivethe information. If testing for HIV or hepatitis Binfection results in a negative reaction, the court shallorder the adjudicated personto submit to another test for HIV or hepatitis B infection six months after thefirst test wasadministered.
(e) The results ofinfectious disease tests ordered underthis section shallbe disclosed to the court which ordered the test, to the adjudicated person, orthe parent or legalguardian of the adjudicated person, and to each person designated undersubsection (d) by a victim or by the parent or legal guardian of a victim. Ifinfectious disease testsorderedunderthis section results in a laboratory confirmation, the results shall bereported to the secretary of health and environment and to: (1) Thecommissioner of juvenile justice,in the case of a juvenile offender or a person not adjudicated because ofmental disease or defect, forinclusion in such offender's or person's medical file; or (2) the secretary ofcorrections, in the caseof a person under 16 years of age who has been convicted as an adult, forinclusion in such person'smedical file. The secretary of health and environment shall provide to eachvictim of the crime orsexual act, at the option of such victim, counseling regarding the humanimmunodeficiency virus andhepatitis B, testing for HIV or hepatitis B infection in accordance with K.S.A.65-6001 et seq., andamendments thereto, and referral for appropriate health care and services.
(f) The costs of any counseling and testing provided under subsection (e) bythe secretaryof health and environment shall be paid from amounts appropriated to thedepartment of health andenvironment for that purpose. The court shall order the adjudicated person topay restitution to thedepartment of health and environment for the costs of any counseling providedunder this sectionand the costs of any test ordered or otherwise performed under this section.
(g) When a court orders an adjudicated person to submit to infectiousdisease tests under this section, thewithdrawal of the blood may be performed onlyby: (1) A personlicensed to practice medicine and surgery or a person acting under thesupervision of any suchlicensed person; (2) a licensed professional nurse or a licensed practicalnurse; or (3) a qualifiedmedical technician. No person authorized by this subsection to withdraw blood,no person assistingin the performance ofinfectious disease tests nor any medicalcare facility whereblood is withdrawn or tested that has been ordered by the court to withdraw ortest blood shall beliable in any civil or criminal action when the test is performed in areasonable manner according to generally accepted medical practices.
(h) The results of tests or reports, or information therein, obtained underthis section shallbe confidential and shall not be divulgedto any person not authorized by this sectionor authorized in writing by thejuvenileto receive theresults or information. Any violation of this section is a class C nonpersonmisdemeanor.
History: L. 2006, ch. 169, § 17;L. 2008, ch. 169, § 21; July 1.
38-2317.Infectious disease testing and counseling;disclosure of results; penalties.(a) As used in this section:
(1) "Adjudicated person" means a person found to be a juvenile offender or aperson foundnot to be a juvenile offender because of mental disease or defect.
(2) "Laboratory confirmation" meanspositivetest resultsfrom a confirmation test approved by the secretary of health and environment.
(3) "Sexual act" means contact between the penis and the vulva, the penis andthe anus, themouth and the penis, the mouth and the vulva or the mouth and the anus. Forpurposes of thisdefinition contact involving the penis occurs upon penetration, however slight.
(4) "Infectious diseasetest" means a test approved bythesecretary of healthand environment.
(5) "Body fluids" means blood, semen or vaginal secretions or any body fluidvisiblycontaminated with blood.
(6) "Infectious disease" means any disease communicable from one person toanother through contact with bodily fluids.
(b) At the time of the first appearance before the court of a person chargedwith an offenseinvolving a sexual act committed while the person was a juvenile, or in whichit appears from thenature of the charge that the transmission of body fluids from one person toanother may have beeninvolved, the judge shall inform the person or the parent or legal guardian ofthe person of the availability of infectious disease testing andcounseling and shall cause each allegedvictim of the offense and if the alleged victim is a minor, the parent, if any,to be notified that infectious disease testingand counseling areavailable.
(c) If the victim of the offense or if the victim is a minor, if the victim'sparent requests thecourt to order infectious disease tests of the alleged offender or if theperson charged with the offensestated to law enforcement officers that such person has an infectious diseaseor is infected with aninfectious disease, or used words of like effect, the court shall order theperson charged with theoffense to submit to infectious disease tests.
(d) For any offense by an adjudicated person which the court determines, fromthe facts ofthe case, involved or was likely to have involved the transmission of bodyfluids from one personto another or involved a sexual act, the court: (1) May order the adjudicatedperson to submit to infectious disease tests; or(2) shall order the adjudicatedperson to submit to infectious disease tests if a victim ofthe offense, or the parent or legalguardian of the victimif the victim is a minor, requests the court to make such order. If aninfectious disease test is ordered under thissubsection, a victim who is an adult shalldesignate a health careprovider or counselor to receive the information on behalf of the victim. If avictim is a minor, theparent or legal guardian of the victim shall designate the health care provideror counselor to receivethe information. If testing for HIV or hepatitis Binfection results in a negative reaction, the court shallorder the adjudicated personto submit to another test for HIV or hepatitis B infection six months after thefirst test wasadministered.
(e) The results ofinfectious disease tests ordered underthis section shallbe disclosed to the court which ordered the test, to the adjudicated person, orthe parent or legalguardian of the adjudicated person, and to each person designated undersubsection (d) by a victim or by the parent or legal guardian of a victim. Ifinfectious disease testsorderedunderthis section results in a laboratory confirmation, the results shall bereported to the secretary of health and environment and to: (1) Thecommissioner of juvenile justice,in the case of a juvenile offender or a person not adjudicated because ofmental disease or defect, forinclusion in such offender's or person's medical file; or (2) the secretary ofcorrections, in the caseof a person under 16 years of age who has been convicted as an adult, forinclusion in such person'smedical file. The secretary of health and environment shall provide to eachvictim of the crime orsexual act, at the option of such victim, counseling regarding the humanimmunodeficiency virus andhepatitis B, testing for HIV or hepatitis B infection in accordance with K.S.A.65-6001 et seq., andamendments thereto, and referral for appropriate health care and services.
(f) The costs of any counseling and testing provided under subsection (e) bythe secretaryof health and environment shall be paid from amounts appropriated to thedepartment of health andenvironment for that purpose. The court shall order the adjudicated person topay restitution to thedepartment of health and environment for the costs of any counseling providedunder this sectionand the costs of any test ordered or otherwise performed under this section.
(g) When a court orders an adjudicated person to submit to infectiousdisease tests under this section, thewithdrawal of the blood may be performed onlyby: (1) A personlicensed to practice medicine and surgery or a person acting under thesupervision of any suchlicensed person; (2) a licensed professional nurse or a licensed practicalnurse; or (3) a qualifiedmedical technician. No person authorized by this subsection to withdraw blood,no person assistingin the performance ofinfectious disease tests nor any medicalcare facility whereblood is withdrawn or tested that has been ordered by the court to withdraw ortest blood shall beliable in any civil or criminal action when the test is performed in areasonable manner according to generally accepted medical practices.
(h) The results of tests or reports, or information therein, obtained underthis section shallbe confidential and shall not be divulgedto any person not authorized by this sectionor authorized in writing by thejuvenileto receive theresults or information. Any violation of this section is a class C nonpersonmisdemeanor.
History: L. 2006, ch. 169, § 17;L. 2008, ch. 169, § 21; July 1.
38-2317.Infectious disease testing and counseling;disclosure of results; penalties.(a) As used in this section:
(1) "Adjudicated person" means a person found to be a juvenile offender or aperson foundnot to be a juvenile offender because of mental disease or defect.
(2) "Laboratory confirmation" meanspositivetest resultsfrom a confirmation test approved by the secretary of health and environment.
(3) "Sexual act" means contact between the penis and the vulva, the penis andthe anus, themouth and the penis, the mouth and the vulva or the mouth and the anus. Forpurposes of thisdefinition contact involving the penis occurs upon penetration, however slight.
(4) "Infectious diseasetest" means a test approved bythesecretary of healthand environment.
(5) "Body fluids" means blood, semen or vaginal secretions or any body fluidvisiblycontaminated with blood.
(6) "Infectious disease" means any disease communicable from one person toanother through contact with bodily fluids.
(b) At the time of the first appearance before the court of a person chargedwith an offenseinvolving a sexual act committed while the person was a juvenile, or in whichit appears from thenature of the charge that the transmission of body fluids from one person toanother may have beeninvolved, the judge shall inform the person or the parent or legal guardian ofthe person of the availability of infectious disease testing andcounseling and shall cause each allegedvictim of the offense and if the alleged victim is a minor, the parent, if any,to be notified that infectious disease testingand counseling areavailable.
(c) If the victim of the offense or if the victim is a minor, if the victim'sparent requests thecourt to order infectious disease tests of the alleged offender or if theperson charged with the offensestated to law enforcement officers that such person has an infectious diseaseor is infected with aninfectious disease, or used words of like effect, the court shall order theperson charged with theoffense to submit to infectious disease tests.
(d) For any offense by an adjudicated person which the court determines, fromthe facts ofthe case, involved or was likely to have involved the transmission of bodyfluids from one personto another or involved a sexual act, the court: (1) May order the adjudicatedperson to submit to infectious disease tests; or(2) shall order the adjudicatedperson to submit to infectious disease tests if a victim ofthe offense, or the parent or legalguardian of the victimif the victim is a minor, requests the court to make such order. If aninfectious disease test is ordered under thissubsection, a victim who is an adult shalldesignate a health careprovider or counselor to receive the information on behalf of the victim. If avictim is a minor, theparent or legal guardian of the victim shall designate the health care provideror counselor to receivethe information. If testing for HIV or hepatitis Binfection results in a negative reaction, the court shallorder the adjudicated personto submit to another test for HIV or hepatitis B infection six months after thefirst test wasadministered.
(e) The results ofinfectious disease tests ordered underthis section shallbe disclosed to the court which ordered the test, to the adjudicated person, orthe parent or legalguardian of the adjudicated person, and to each person designated undersubsection (d) by a victim or by the parent or legal guardian of a victim. Ifinfectious disease testsorderedunderthis section results in a laboratory confirmation, the results shall bereported to the secretary of health and environment and to: (1) Thecommissioner of juvenile justice,in the case of a juvenile offender or a person not adjudicated because ofmental disease or defect, forinclusion in such offender's or person's medical file; or (2) the secretary ofcorrections, in the caseof a person under 16 years of age who has been convicted as an adult, forinclusion in such person'smedical file. The secretary of health and environment shall provide to eachvictim of the crime orsexual act, at the option of such victim, counseling regarding the humanimmunodeficiency virus andhepatitis B, testing for HIV or hepatitis B infection in accordance with K.S.A.65-6001 et seq., andamendments thereto, and referral for appropriate health care and services.
(f) The costs of any counseling and testing provided under subsection (e) bythe secretaryof health and environment shall be paid from amounts appropriated to thedepartment of health andenvironment for that purpose. The court shall order the adjudicated person topay restitution to thedepartment of health and environment for the costs of any counseling providedunder this sectionand the costs of any test ordered or otherwise performed under this section.
(g) When a court orders an adjudicated person to submit to infectiousdisease tests under this section, thewithdrawal of the blood may be performed onlyby: (1) A personlicensed to practice medicine and surgery or a person acting under thesupervision of any suchlicensed person; (2) a licensed professional nurse or a licensed practicalnurse; or (3) a qualifiedmedical technician. No person authorized by this subsection to withdraw blood,no person assistingin the performance ofinfectious disease tests nor any medicalcare facility whereblood is withdrawn or tested that has been ordered by the court to withdraw ortest blood shall beliable in any civil or criminal action when the test is performed in areasonable manner according to generally accepted medical practices.
(h) The results of tests or reports, or information therein, obtained underthis section shallbe confidential and shall not be divulgedto any person not authorized by this sectionor authorized in writing by thejuvenileto receive theresults or information. Any violation of this section is a class C nonpersonmisdemeanor.
History: L. 2006, ch. 169, § 17;L. 2008, ch. 169, § 21; July 1.
