Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-118.Reporting to local health authority as to infectious orcontagious diseases; persons reporting; immunity from liability;confidentiality of information; disclosure.(a) Whenever any person licensed to practice the healing arts or engagedin a postgraduate training program approved by the state board ofhealing arts, licensed dentist, licensed professional nurse, licensedpractical nurseadministrator of a hospital, licensed adult care home-administrator, licensedphysician assistant, licensed social worker,teacher or schooladministrator knows or has information indicating that a person issuffering from orhas died from a reportable infectious or contagious disease asdefined in rules and regulations,such knowledge or information shall be reported immediately to thecounty or joint board of health or the local health officer, togetherwith the name and address of the person who has or is suspected ofhaving the infectious or contagious disease, or the name and formeraddress of the deceased individual who had or was suspected of havingsuch a disease.In the caseof a licensed hospital or adult care home, the administrator may designate anindividual to receive and make such reports. The secretary of health andenvironment shall, through rules and regulations, make provision for theconsolidation of reports required to be made under this section when the personrequired to make the report is working in a licensed hospital or adult carehome.Laboratories certified under the federal clinical laboratories improvementact pursuant to 42 code of federal regulations, 493 shall report the results ofmicrobiologic cultures, examinations, immunologic essays for the presence ofantigens and antibodies and any other laboratory tests which are indicative ofthe presence of a reportable infectious or contagious disease to the departmentof health and environment.Thedirector of the division of health may use information from deathcertificates for disease investigation purposes.
(b) Any person who is an individual member of a class of personsdesignated under subsection (a) of this section and who reports theinformation required to be reported under such subsection in good faithand without malice to a county or joint board of health, a localhealth officer or the department of health and environment shall haveimmunity from any liability, civil orcriminal, that might otherwise be incurred or imposed in an actionresulting from such report. Any such person shall have the sameimmunity with respect to participation in any judicial proceedingresulting from such report.
(c) Information required to be reported under subsection (a) of thissection shall be confidential and shall not be disclosed or made public,upon subpoena or otherwise, beyond the requirements of subsection (a) ofthis section or subsection (a) of K.S.A. 65-119, except suchinformation may be disclosed: (1) If no person can be identified in theinformation to be disclosed and the disclosure is for statisticalpurposes;
(2) if all persons who are identifiable in the information to bedisclosed consent in writing to its disclosure;
(3) if the disclosure is necessary, and only to the extentnecessary, to protect the public health;
(4) if a medical emergency exists and the disclosure is to medicalpersonnel qualified to treat infectious or contagious diseases. Anyinformation disclosed pursuant to this paragraph shall be disclosed onlyto 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 courtproceeding involving child abuse and the information is disclosed incamera.
History: L. 1901, ch. 285, § 2; R.S. 1923, 65-118; L. 1953,ch. 283, § 1; L. 1976, ch. 262, § 1; L. 1979, ch. 189, § 1;L. 1998, ch. 35, § 1;L. 2000, ch. 162, § 17; Feb. 1, 2001.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-118.Reporting to local health authority as to infectious orcontagious diseases; persons reporting; immunity from liability;confidentiality of information; disclosure.(a) Whenever any person licensed to practice the healing arts or engagedin a postgraduate training program approved by the state board ofhealing arts, licensed dentist, licensed professional nurse, licensedpractical nurseadministrator of a hospital, licensed adult care home-administrator, licensedphysician assistant, licensed social worker,teacher or schooladministrator knows or has information indicating that a person issuffering from orhas died from a reportable infectious or contagious disease asdefined in rules and regulations,such knowledge or information shall be reported immediately to thecounty or joint board of health or the local health officer, togetherwith the name and address of the person who has or is suspected ofhaving the infectious or contagious disease, or the name and formeraddress of the deceased individual who had or was suspected of havingsuch a disease.In the caseof a licensed hospital or adult care home, the administrator may designate anindividual to receive and make such reports. The secretary of health andenvironment shall, through rules and regulations, make provision for theconsolidation of reports required to be made under this section when the personrequired to make the report is working in a licensed hospital or adult carehome.Laboratories certified under the federal clinical laboratories improvementact pursuant to 42 code of federal regulations, 493 shall report the results ofmicrobiologic cultures, examinations, immunologic essays for the presence ofantigens and antibodies and any other laboratory tests which are indicative ofthe presence of a reportable infectious or contagious disease to the departmentof health and environment.Thedirector of the division of health may use information from deathcertificates for disease investigation purposes.
(b) Any person who is an individual member of a class of personsdesignated under subsection (a) of this section and who reports theinformation required to be reported under such subsection in good faithand without malice to a county or joint board of health, a localhealth officer or the department of health and environment shall haveimmunity from any liability, civil orcriminal, that might otherwise be incurred or imposed in an actionresulting from such report. Any such person shall have the sameimmunity with respect to participation in any judicial proceedingresulting from such report.
(c) Information required to be reported under subsection (a) of thissection shall be confidential and shall not be disclosed or made public,upon subpoena or otherwise, beyond the requirements of subsection (a) ofthis section or subsection (a) of K.S.A. 65-119, except suchinformation may be disclosed: (1) If no person can be identified in theinformation to be disclosed and the disclosure is for statisticalpurposes;
(2) if all persons who are identifiable in the information to bedisclosed consent in writing to its disclosure;
(3) if the disclosure is necessary, and only to the extentnecessary, to protect the public health;
(4) if a medical emergency exists and the disclosure is to medicalpersonnel qualified to treat infectious or contagious diseases. Anyinformation disclosed pursuant to this paragraph shall be disclosed onlyto 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 courtproceeding involving child abuse and the information is disclosed incamera.
History: L. 1901, ch. 285, § 2; R.S. 1923, 65-118; L. 1953,ch. 283, § 1; L. 1976, ch. 262, § 1; L. 1979, ch. 189, § 1;L. 1998, ch. 35, § 1;L. 2000, ch. 162, § 17; Feb. 1, 2001.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-118.Reporting to local health authority as to infectious orcontagious diseases; persons reporting; immunity from liability;confidentiality of information; disclosure.(a) Whenever any person licensed to practice the healing arts or engagedin a postgraduate training program approved by the state board ofhealing arts, licensed dentist, licensed professional nurse, licensedpractical nurseadministrator of a hospital, licensed adult care home-administrator, licensedphysician assistant, licensed social worker,teacher or schooladministrator knows or has information indicating that a person issuffering from orhas died from a reportable infectious or contagious disease asdefined in rules and regulations,such knowledge or information shall be reported immediately to thecounty or joint board of health or the local health officer, togetherwith the name and address of the person who has or is suspected ofhaving the infectious or contagious disease, or the name and formeraddress of the deceased individual who had or was suspected of havingsuch a disease.In the caseof a licensed hospital or adult care home, the administrator may designate anindividual to receive and make such reports. The secretary of health andenvironment shall, through rules and regulations, make provision for theconsolidation of reports required to be made under this section when the personrequired to make the report is working in a licensed hospital or adult carehome.Laboratories certified under the federal clinical laboratories improvementact pursuant to 42 code of federal regulations, 493 shall report the results ofmicrobiologic cultures, examinations, immunologic essays for the presence ofantigens and antibodies and any other laboratory tests which are indicative ofthe presence of a reportable infectious or contagious disease to the departmentof health and environment.Thedirector of the division of health may use information from deathcertificates for disease investigation purposes.
(b) Any person who is an individual member of a class of personsdesignated under subsection (a) of this section and who reports theinformation required to be reported under such subsection in good faithand without malice to a county or joint board of health, a localhealth officer or the department of health and environment shall haveimmunity from any liability, civil orcriminal, that might otherwise be incurred or imposed in an actionresulting from such report. Any such person shall have the sameimmunity with respect to participation in any judicial proceedingresulting from such report.
(c) Information required to be reported under subsection (a) of thissection shall be confidential and shall not be disclosed or made public,upon subpoena or otherwise, beyond the requirements of subsection (a) ofthis section or subsection (a) of K.S.A. 65-119, except suchinformation may be disclosed: (1) If no person can be identified in theinformation to be disclosed and the disclosure is for statisticalpurposes;
(2) if all persons who are identifiable in the information to bedisclosed consent in writing to its disclosure;
(3) if the disclosure is necessary, and only to the extentnecessary, to protect the public health;
(4) if a medical emergency exists and the disclosure is to medicalpersonnel qualified to treat infectious or contagious diseases. Anyinformation disclosed pursuant to this paragraph shall be disclosed onlyto 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 courtproceeding involving child abuse and the information is disclosed incamera.
History: L. 1901, ch. 285, § 2; R.S. 1923, 65-118; L. 1953,ch. 283, § 1; L. 1976, ch. 262, § 1; L. 1979, ch. 189, § 1;L. 1998, ch. 35, § 1;L. 2000, ch. 162, § 17; Feb. 1, 2001.
