65-445.Same; records;annual report tosecretary of health and environment; confidentiality of information,exceptions; penaltiesfor violations.(a) Every medical care facility shall keep written recordsof all pregnancies which arelawfully terminated within such medical care facility andshall annually submit awritten report thereon to the secretary of health and environment in themanner and form prescribed by the secretary.Every person licensed to practice medicine and surgery shall keep a record ofall pregnancies which are lawfully terminated by such person in a locationother than a medical care facility and shall annually submit a written reportthereon to the secretary of health and environment in the manner and formprescribed by the secretary.
(b) Each report required by this sectionshall include thenumber of pregnancies terminated duringthe period oftime covered by the report, the type of medical facility in which thepregnancy was terminated, information required to be reported under K.S.A.65-6703 and amendments thereto if applicable to the pregnancy terminated,and such other information as maybe required by thesecretary ofhealth and environment, but the report shall not include the namesof thepersons whose pregnancies were so terminated.
(c) Information obtained by the secretary of health and environment underthis section shall be confidential and shall not be disclosed in a manner thatwould reveal the identityof any person licensed to practice medicine and surgery who submits a report tothe secretary under this section or the identity of any medical care facilitywhich submits a report to the secretary under this section, exceptthat such information, including information identifying such persons andfacilities maybe disclosed to the state board of healing arts upon request of the board fordisciplinary action conducted by the board and may be disclosed to the attorneygeneral upona showing that a reasonable cause exists to believe that a violation of thisact has occurred. Any information disclosed to the state board of healing artsor the attorney general pursuant to this subsection shall be used solely forthe purposes of a disciplinary action or criminal proceeding. Except asotherwise provided in this subsection,informationobtained by the secretary under this section may be used only for statisticalpurposes and such information shall not bereleased in a manner which would identify anycounty or other area of this state in which the termination of the pregnancyoccurred.A violation of this subsection (c) is a class A nonperson misdemeanor.
(d) In addition to such criminal penalty under subsection (c), any personlicensed to practicemedicineand surgery or medical care facility whose identity is revealed in violation ofthis section may bring a civil action against theresponsible person or persons for any damages to the person licensed topractice medicine andsurgery or medical care facility caused by such violation.
(e) For the purpose of maintaining confidentiality as provided bysubsections (c) and (d), reports of terminations of pregnancies required bythis sectionshall identify the person or facility submitting such reports only byconfidential code number assigned by the secretary of health and environment tosuch person or facility and the department of health and environment shallmaintain such reports only by such number.
History: L. 1969, ch. 182, § 3; L. 1975, ch.462, § 72;L. 1995, ch. 260, § 2;L. 1998, ch. 142, § 17; July 1.
65-445.Same; records;annual report tosecretary of health and environment; confidentiality of information,exceptions; penaltiesfor violations.(a) Every medical care facility shall keep written recordsof all pregnancies which arelawfully terminated within such medical care facility andshall annually submit awritten report thereon to the secretary of health and environment in themanner and form prescribed by the secretary.Every person licensed to practice medicine and surgery shall keep a record ofall pregnancies which are lawfully terminated by such person in a locationother than a medical care facility and shall annually submit a written reportthereon to the secretary of health and environment in the manner and formprescribed by the secretary.
(b) Each report required by this sectionshall include thenumber of pregnancies terminated duringthe period oftime covered by the report, the type of medical facility in which thepregnancy was terminated, information required to be reported under K.S.A.65-6703 and amendments thereto if applicable to the pregnancy terminated,and such other information as maybe required by thesecretary ofhealth and environment, but the report shall not include the namesof thepersons whose pregnancies were so terminated.
(c) Information obtained by the secretary of health and environment underthis section shall be confidential and shall not be disclosed in a manner thatwould reveal the identityof any person licensed to practice medicine and surgery who submits a report tothe secretary under this section or the identity of any medical care facilitywhich submits a report to the secretary under this section, exceptthat such information, including information identifying such persons andfacilities maybe disclosed to the state board of healing arts upon request of the board fordisciplinary action conducted by the board and may be disclosed to the attorneygeneral upona showing that a reasonable cause exists to believe that a violation of thisact has occurred. Any information disclosed to the state board of healing artsor the attorney general pursuant to this subsection shall be used solely forthe purposes of a disciplinary action or criminal proceeding. Except asotherwise provided in this subsection,informationobtained by the secretary under this section may be used only for statisticalpurposes and such information shall not bereleased in a manner which would identify anycounty or other area of this state in which the termination of the pregnancyoccurred.A violation of this subsection (c) is a class A nonperson misdemeanor.
(d) In addition to such criminal penalty under subsection (c), any personlicensed to practicemedicineand surgery or medical care facility whose identity is revealed in violation ofthis section may bring a civil action against theresponsible person or persons for any damages to the person licensed topractice medicine andsurgery or medical care facility caused by such violation.
(e) For the purpose of maintaining confidentiality as provided bysubsections (c) and (d), reports of terminations of pregnancies required bythis sectionshall identify the person or facility submitting such reports only byconfidential code number assigned by the secretary of health and environment tosuch person or facility and the department of health and environment shallmaintain such reports only by such number.
History: L. 1969, ch. 182, § 3; L. 1975, ch.462, § 72;L. 1995, ch. 260, § 2;L. 1998, ch. 142, § 17; July 1.
65-445.Same; records;annual report tosecretary of health and environment; confidentiality of information,exceptions; penaltiesfor violations.(a) Every medical care facility shall keep written recordsof all pregnancies which arelawfully terminated within such medical care facility andshall annually submit awritten report thereon to the secretary of health and environment in themanner and form prescribed by the secretary.Every person licensed to practice medicine and surgery shall keep a record ofall pregnancies which are lawfully terminated by such person in a locationother than a medical care facility and shall annually submit a written reportthereon to the secretary of health and environment in the manner and formprescribed by the secretary.
(b) Each report required by this sectionshall include thenumber of pregnancies terminated duringthe period oftime covered by the report, the type of medical facility in which thepregnancy was terminated, information required to be reported under K.S.A.65-6703 and amendments thereto if applicable to the pregnancy terminated,and such other information as maybe required by thesecretary ofhealth and environment, but the report shall not include the namesof thepersons whose pregnancies were so terminated.
(c) Information obtained by the secretary of health and environment underthis section shall be confidential and shall not be disclosed in a manner thatwould reveal the identityof any person licensed to practice medicine and surgery who submits a report tothe secretary under this section or the identity of any medical care facilitywhich submits a report to the secretary under this section, exceptthat such information, including information identifying such persons andfacilities maybe disclosed to the state board of healing arts upon request of the board fordisciplinary action conducted by the board and may be disclosed to the attorneygeneral upona showing that a reasonable cause exists to believe that a violation of thisact has occurred. Any information disclosed to the state board of healing artsor the attorney general pursuant to this subsection shall be used solely forthe purposes of a disciplinary action or criminal proceeding. Except asotherwise provided in this subsection,informationobtained by the secretary under this section may be used only for statisticalpurposes and such information shall not bereleased in a manner which would identify anycounty or other area of this state in which the termination of the pregnancyoccurred.A violation of this subsection (c) is a class A nonperson misdemeanor.
(d) In addition to such criminal penalty under subsection (c), any personlicensed to practicemedicineand surgery or medical care facility whose identity is revealed in violation ofthis section may bring a civil action against theresponsible person or persons for any damages to the person licensed topractice medicine andsurgery or medical care facility caused by such violation.
(e) For the purpose of maintaining confidentiality as provided bysubsections (c) and (d), reports of terminations of pregnancies required bythis sectionshall identify the person or facility submitting such reports only byconfidential code number assigned by the secretary of health and environment tosuch person or facility and the department of health and environment shallmaintain such reports only by such number.
History: L. 1969, ch. 182, § 3; L. 1975, ch.462, § 72;L. 1995, ch. 260, § 2;L. 1998, ch. 142, § 17; July 1.
