65-28,128.Abandonment of health care records; courtjurisdiction; procedure; appointment of custodian of records, authority andduties, liability, physician-patient privilege; access to records.(a) As used in this section:
(1) "Health care provider" means a person licensed to practice any branch ofthe healing arts by the state board of healing arts, a podiatrist licensed bythe state board of healing arts, a professional corporation organized pursuantto the professional corporation law of Kansas by persons who are authorized bysuch law to form such a corporation and who are health care providers asdefined by this subsection, a Kansas limited liability company organized forthe purpose of rendering professional services by its members who are healthcare providers as defined by this subsection and who are legally authorized torender the professional services for which the limited liability company isorganized, a partnership of persons who are health care providers under thissubsection, a Kansas not-for-profit corporation organized for the purpose ofrendering professional services by persons who are health care providers asdefined by this subsection.
(2) "Board" means the state board of healing arts.
(b) The board shall immediately petition the court for appointment of acustodian of a health care provider's health care records if the board isnotified or has independent knowledge that a health care provider: (1) Hasabandoned health care records, abandoned the health care provider's practice,had the health care provider's license suspended or revoked, had a licensecanceled or dissolved a business entity and the health care provider is unableor refuses to allow patients access to their health care records as authorizedby law or (2) has died and the health care provider's patients are unable toaccess their health care records as authorized by law. The petition shallnominate a person or business entity who is capable and willing to serve as thecustodian of health care records.The district court shall expedite an action brought by the board. Thecourt's findings may be made solely on a review of the documentation oraffidavits attached to the petition and without hearing any testimonialevidence. The district court's review may be made ex partewithout delay or notice of any kind. An appellate court shall expedite reviewof a district court's findings as provided in this section.
(c) Notice of hearing on the petition shall be served on the health careprovider at the last known address and if the health care provider is abusiness entity, on the registered agent of such business entity. If the healthcare provider has died and an administrator of the estate has been appointed,notice shall be served on such administrator. Notice shall be served as incivil cases.
(d) At the hearing, if the court finds the health care records have beenabandoned, the court shall appoint a person or business entity as the custodianof the health care records and responsible for the safekeeping thereof, andshall order the delivery and possession of the health care records to theappointed custodian of health care records. The court may make all additionalorders necessary to protect the health care provider's property interests inthe records.
(e) The record's custodian:
(1) Shall be a fiduciary and act in the place of the health care provider tofurnish to the patient or the patient's authorized representative copies ofhealth care records, pursuant to K.S.A. 65-4970 through 65-4973, and amendmentsthereto, and shall be authorized to collect any fee for disclosure authorizedby K.S.A. 65-4971, and amendments thereto;
(2) shall have exclusive possession of the health care records until furtherorder of the court;
(3) may destroy the records in the ordinary course of business when thehealth care provider's duty to maintain such records has ceased;
(4) shall act in the place of the health care provider to maintainconfidentiality of records and shall be liable if the custodian maliciouslybreeches the confidentiality;
(5) shall not guarantee or be liable for the accuracy or completeness of thehealth care records;
(6) shall not be liable in a civil action for damages or other relief arisingfrom the performance of the responsibilities set forth in this section exceptupon clear and convincing evidence that the custodian of records maliciouslyaltered or destroyed health care records; and
(7) shall act as the health care provider for the purposes ofphysician-patient privilege, pursuant to K.S.A. 60-427, and amendments thereto,and shall assert any privilege acting as the physician.
(f) At any time after the appointment of a custodian, the health careprovider, administrator of the health care provider's estate or board maypetition the court to amend, modify or dissolve the order concerning thecustodian of health care records. The court shall amend the order when itreasonably appears the health care provider or administrator of thehealth care provider's estate is prepared to assume the duties of the healthcare provider relating to the records.
(g) Nothing in this act shall prohibit the health care provider or thehealth care provider's authorized representative from gaining access andcopying a record created by the health care provider.
(h) This section shall be part of and supplemental to the Kansas healingarts act.
History: L. 2004, ch. 117, § 1;L. 2009, ch. 133, § 3; July 1.
65-28,128.Abandonment of health care records; courtjurisdiction; procedure; appointment of custodian of records, authority andduties, liability, physician-patient privilege; access to records.(a) As used in this section:
(1) "Health care provider" means a person licensed to practice any branch ofthe healing arts by the state board of healing arts, a podiatrist licensed bythe state board of healing arts, a professional corporation organized pursuantto the professional corporation law of Kansas by persons who are authorized bysuch law to form such a corporation and who are health care providers asdefined by this subsection, a Kansas limited liability company organized forthe purpose of rendering professional services by its members who are healthcare providers as defined by this subsection and who are legally authorized torender the professional services for which the limited liability company isorganized, a partnership of persons who are health care providers under thissubsection, a Kansas not-for-profit corporation organized for the purpose ofrendering professional services by persons who are health care providers asdefined by this subsection.
(2) "Board" means the state board of healing arts.
(b) The board shall immediately petition the court for appointment of acustodian of a health care provider's health care records if the board isnotified or has independent knowledge that a health care provider: (1) Hasabandoned health care records, abandoned the health care provider's practice,had the health care provider's license suspended or revoked, had a licensecanceled or dissolved a business entity and the health care provider is unableor refuses to allow patients access to their health care records as authorizedby law or (2) has died and the health care provider's patients are unable toaccess their health care records as authorized by law. The petition shallnominate a person or business entity who is capable and willing to serve as thecustodian of health care records.The district court shall expedite an action brought by the board. Thecourt's findings may be made solely on a review of the documentation oraffidavits attached to the petition and without hearing any testimonialevidence. The district court's review may be made ex partewithout delay or notice of any kind. An appellate court shall expedite reviewof a district court's findings as provided in this section.
(c) Notice of hearing on the petition shall be served on the health careprovider at the last known address and if the health care provider is abusiness entity, on the registered agent of such business entity. If the healthcare provider has died and an administrator of the estate has been appointed,notice shall be served on such administrator. Notice shall be served as incivil cases.
(d) At the hearing, if the court finds the health care records have beenabandoned, the court shall appoint a person or business entity as the custodianof the health care records and responsible for the safekeeping thereof, andshall order the delivery and possession of the health care records to theappointed custodian of health care records. The court may make all additionalorders necessary to protect the health care provider's property interests inthe records.
(e) The record's custodian:
(1) Shall be a fiduciary and act in the place of the health care provider tofurnish to the patient or the patient's authorized representative copies ofhealth care records, pursuant to K.S.A. 65-4970 through 65-4973, and amendmentsthereto, and shall be authorized to collect any fee for disclosure authorizedby K.S.A. 65-4971, and amendments thereto;
(2) shall have exclusive possession of the health care records until furtherorder of the court;
(3) may destroy the records in the ordinary course of business when thehealth care provider's duty to maintain such records has ceased;
(4) shall act in the place of the health care provider to maintainconfidentiality of records and shall be liable if the custodian maliciouslybreeches the confidentiality;
(5) shall not guarantee or be liable for the accuracy or completeness of thehealth care records;
(6) shall not be liable in a civil action for damages or other relief arisingfrom the performance of the responsibilities set forth in this section exceptupon clear and convincing evidence that the custodian of records maliciouslyaltered or destroyed health care records; and
(7) shall act as the health care provider for the purposes ofphysician-patient privilege, pursuant to K.S.A. 60-427, and amendments thereto,and shall assert any privilege acting as the physician.
(f) At any time after the appointment of a custodian, the health careprovider, administrator of the health care provider's estate or board maypetition the court to amend, modify or dissolve the order concerning thecustodian of health care records. The court shall amend the order when itreasonably appears the health care provider or administrator of thehealth care provider's estate is prepared to assume the duties of the healthcare provider relating to the records.
(g) Nothing in this act shall prohibit the health care provider or thehealth care provider's authorized representative from gaining access andcopying a record created by the health care provider.
(h) This section shall be part of and supplemental to the Kansas healingarts act.
History: L. 2004, ch. 117, § 1;L. 2009, ch. 133, § 3; July 1.
65-28,128.Abandonment of health care records; courtjurisdiction; procedure; appointment of custodian of records, authority andduties, liability, physician-patient privilege; access to records.(a) As used in this section:
(1) "Health care provider" means a person licensed to practice any branch ofthe healing arts by the state board of healing arts, a podiatrist licensed bythe state board of healing arts, a professional corporation organized pursuantto the professional corporation law of Kansas by persons who are authorized bysuch law to form such a corporation and who are health care providers asdefined by this subsection, a Kansas limited liability company organized forthe purpose of rendering professional services by its members who are healthcare providers as defined by this subsection and who are legally authorized torender the professional services for which the limited liability company isorganized, a partnership of persons who are health care providers under thissubsection, a Kansas not-for-profit corporation organized for the purpose ofrendering professional services by persons who are health care providers asdefined by this subsection.
(2) "Board" means the state board of healing arts.
(b) The board shall immediately petition the court for appointment of acustodian of a health care provider's health care records if the board isnotified or has independent knowledge that a health care provider: (1) Hasabandoned health care records, abandoned the health care provider's practice,had the health care provider's license suspended or revoked, had a licensecanceled or dissolved a business entity and the health care provider is unableor refuses to allow patients access to their health care records as authorizedby law or (2) has died and the health care provider's patients are unable toaccess their health care records as authorized by law. The petition shallnominate a person or business entity who is capable and willing to serve as thecustodian of health care records.The district court shall expedite an action brought by the board. Thecourt's findings may be made solely on a review of the documentation oraffidavits attached to the petition and without hearing any testimonialevidence. The district court's review may be made ex partewithout delay or notice of any kind. An appellate court shall expedite reviewof a district court's findings as provided in this section.
(c) Notice of hearing on the petition shall be served on the health careprovider at the last known address and if the health care provider is abusiness entity, on the registered agent of such business entity. If the healthcare provider has died and an administrator of the estate has been appointed,notice shall be served on such administrator. Notice shall be served as incivil cases.
(d) At the hearing, if the court finds the health care records have beenabandoned, the court shall appoint a person or business entity as the custodianof the health care records and responsible for the safekeeping thereof, andshall order the delivery and possession of the health care records to theappointed custodian of health care records. The court may make all additionalorders necessary to protect the health care provider's property interests inthe records.
(e) The record's custodian:
(1) Shall be a fiduciary and act in the place of the health care provider tofurnish to the patient or the patient's authorized representative copies ofhealth care records, pursuant to K.S.A. 65-4970 through 65-4973, and amendmentsthereto, and shall be authorized to collect any fee for disclosure authorizedby K.S.A. 65-4971, and amendments thereto;
(2) shall have exclusive possession of the health care records until furtherorder of the court;
(3) may destroy the records in the ordinary course of business when thehealth care provider's duty to maintain such records has ceased;
(4) shall act in the place of the health care provider to maintainconfidentiality of records and shall be liable if the custodian maliciouslybreeches the confidentiality;
(5) shall not guarantee or be liable for the accuracy or completeness of thehealth care records;
(6) shall not be liable in a civil action for damages or other relief arisingfrom the performance of the responsibilities set forth in this section exceptupon clear and convincing evidence that the custodian of records maliciouslyaltered or destroyed health care records; and
(7) shall act as the health care provider for the purposes ofphysician-patient privilege, pursuant to K.S.A. 60-427, and amendments thereto,and shall assert any privilege acting as the physician.
(f) At any time after the appointment of a custodian, the health careprovider, administrator of the health care provider's estate or board maypetition the court to amend, modify or dissolve the order concerning thecustodian of health care records. The court shall amend the order when itreasonably appears the health care provider or administrator of thehealth care provider's estate is prepared to assume the duties of the healthcare provider relating to the records.
(g) Nothing in this act shall prohibit the health care provider or thehealth care provider's authorized representative from gaining access andcopying a record created by the health care provider.
(h) This section shall be part of and supplemental to the Kansas healingarts act.
History: L. 2004, ch. 117, § 1;L. 2009, ch. 133, § 3; July 1.
