Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6002.Reporting to secretary of health andenvironment informationconcerning AIDS or HIV infection; information reported, when; personsreporting;immunity fromliability; confidentiality of information; disclosure; use of informationto discriminate prohibited.(a) Whenever any physician has information indicating that a person issuffering from or has died from AIDS, such knowledge or information shallbe reported immediately to the secretary, together with the name andaddress of the person who has AIDS. Any physician oradministrator of a medical care facility or such administrator's designeewho is in receipt of a report indicating laboratory confirmation of HIVinfection resultingfrom the examination of any specimen provided to alaboratory by such physician or administrator or designee shall reportall suchinformation tothe secretary. Reports shall beprovided within 30 days of testing and shall includethename and address of theperson tested, the type of test or tests performed, the dateof performance of the test or tests, the results of the test or tests, thesex, date of birth, county of residence and racial/ethnic group of theperson tested.
(b) Whenever any laboratory director has information on laboratoryconfirmation of HIV infection, this information shall be reported to thesecretary. Reports shall be provided within 30 days of testing and shallinclude the type of test or tests, the results of the test or tests, dates ofperformance of the test or tests, the name of the physician or facilityrequesting the test or tests, and any identifying information about the persontested as the laboratory director has access to, such as the name and addressof the person tested, the sex, date of birth, county of residence andracial/ethnic group, exposure category and pregnancy status of the persontested.
(c) Any physician, administrator of a medical care facility or suchadministrator's designee or laboratory director whoreports theinformationrequired to be reportedunder subsection (a) or (b) in good faith and without malice to thesecretaryshall have immunity from any liability, civil or criminal, that mightotherwise be incurred or imposed in an action resulting from such report.Any such physician, administrator or designee or laboratory directorshall have the same immunity withrespect toparticipation in any judicial proceeding resultingfrom such report.
(d) Information required to be reported under subsection(a) or (b) andinformation obtained through laboratory tests conducted by the departmentof health and environment relating to HIV or AIDS and persons sufferingtherefrom or infected therewith shall be confidential and shall not bedisclosed or made public, upon subpoena or otherwise, beyond the disclosurenecessary under subsection (a) or (b) or under subsection (a) of K.S.A.65-6003 and amendments thereto or the usual reporting of laboratory testresults to persons specifically designated by the secretary as authorizedto obtain such information, except such information may be disclosed:
(1) If no person can be identified in the information to be disclosedand the disclosure is for statistical purposes;
(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 extent necessary, asspecified by rules and regulations of the secretary, to protect the publichealth;
(4) if a medical emergency exists and the disclosure is to medicalpersonnel qualified to treat AIDS or HIV infection, except that anyinformation disclosedpursuant to this paragraph shall be disclosed only to the extent necessaryto protect the health or life of a named party; or
(5) if the information to be disclosed is required in a court proceedinginvolving a minor and the information is disclosed in camera.
(e) Information regarding cases of AIDS or HIV infectionreported inaccordance 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 tothe discrimination against any individual or group with regard to employment,to provision of medical care or acceptance into any facilities orinstitutions for medicalcare, housing, education, transportation, or for the provision of any othergoods or services.
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6002.Reporting to secretary of health andenvironment informationconcerning AIDS or HIV infection; information reported, when; personsreporting;immunity fromliability; confidentiality of information; disclosure; use of informationto discriminate prohibited.(a) Whenever any physician has information indicating that a person issuffering from or has died from AIDS, such knowledge or information shallbe reported immediately to the secretary, together with the name andaddress of the person who has AIDS. Any physician oradministrator of a medical care facility or such administrator's designeewho is in receipt of a report indicating laboratory confirmation of HIVinfection resultingfrom the examination of any specimen provided to alaboratory by such physician or administrator or designee shall reportall suchinformation tothe secretary. Reports shall beprovided within 30 days of testing and shall includethename and address of theperson tested, the type of test or tests performed, the dateof performance of the test or tests, the results of the test or tests, thesex, date of birth, county of residence and racial/ethnic group of theperson tested.
(b) Whenever any laboratory director has information on laboratoryconfirmation of HIV infection, this information shall be reported to thesecretary. Reports shall be provided within 30 days of testing and shallinclude the type of test or tests, the results of the test or tests, dates ofperformance of the test or tests, the name of the physician or facilityrequesting the test or tests, and any identifying information about the persontested as the laboratory director has access to, such as the name and addressof the person tested, the sex, date of birth, county of residence andracial/ethnic group, exposure category and pregnancy status of the persontested.
(c) Any physician, administrator of a medical care facility or suchadministrator's designee or laboratory director whoreports theinformationrequired to be reportedunder subsection (a) or (b) in good faith and without malice to thesecretaryshall have immunity from any liability, civil or criminal, that mightotherwise be incurred or imposed in an action resulting from such report.Any such physician, administrator or designee or laboratory directorshall have the same immunity withrespect toparticipation in any judicial proceeding resultingfrom such report.
(d) Information required to be reported under subsection(a) or (b) andinformation obtained through laboratory tests conducted by the departmentof health and environment relating to HIV or AIDS and persons sufferingtherefrom or infected therewith shall be confidential and shall not bedisclosed or made public, upon subpoena or otherwise, beyond the disclosurenecessary under subsection (a) or (b) or under subsection (a) of K.S.A.65-6003 and amendments thereto or the usual reporting of laboratory testresults to persons specifically designated by the secretary as authorizedto obtain such information, except such information may be disclosed:
(1) If no person can be identified in the information to be disclosedand the disclosure is for statistical purposes;
(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 extent necessary, asspecified by rules and regulations of the secretary, to protect the publichealth;
(4) if a medical emergency exists and the disclosure is to medicalpersonnel qualified to treat AIDS or HIV infection, except that anyinformation disclosedpursuant to this paragraph shall be disclosed only to the extent necessaryto protect the health or life of a named party; or
(5) if the information to be disclosed is required in a court proceedinginvolving a minor and the information is disclosed in camera.
(e) Information regarding cases of AIDS or HIV infectionreported inaccordance 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 tothe discrimination against any individual or group with regard to employment,to provision of medical care or acceptance into any facilities orinstitutions for medicalcare, housing, education, transportation, or for the provision of any othergoods or services.
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6002.Reporting to secretary of health andenvironment informationconcerning AIDS or HIV infection; information reported, when; personsreporting;immunity fromliability; confidentiality of information; disclosure; use of informationto discriminate prohibited.(a) Whenever any physician has information indicating that a person issuffering from or has died from AIDS, such knowledge or information shallbe reported immediately to the secretary, together with the name andaddress of the person who has AIDS. Any physician oradministrator of a medical care facility or such administrator's designeewho is in receipt of a report indicating laboratory confirmation of HIVinfection resultingfrom the examination of any specimen provided to alaboratory by such physician or administrator or designee shall reportall suchinformation tothe secretary. Reports shall beprovided within 30 days of testing and shall includethename and address of theperson tested, the type of test or tests performed, the dateof performance of the test or tests, the results of the test or tests, thesex, date of birth, county of residence and racial/ethnic group of theperson tested.
(b) Whenever any laboratory director has information on laboratoryconfirmation of HIV infection, this information shall be reported to thesecretary. Reports shall be provided within 30 days of testing and shallinclude the type of test or tests, the results of the test or tests, dates ofperformance of the test or tests, the name of the physician or facilityrequesting the test or tests, and any identifying information about the persontested as the laboratory director has access to, such as the name and addressof the person tested, the sex, date of birth, county of residence andracial/ethnic group, exposure category and pregnancy status of the persontested.
(c) Any physician, administrator of a medical care facility or suchadministrator's designee or laboratory director whoreports theinformationrequired to be reportedunder subsection (a) or (b) in good faith and without malice to thesecretaryshall have immunity from any liability, civil or criminal, that mightotherwise be incurred or imposed in an action resulting from such report.Any such physician, administrator or designee or laboratory directorshall have the same immunity withrespect toparticipation in any judicial proceeding resultingfrom such report.
(d) Information required to be reported under subsection(a) or (b) andinformation obtained through laboratory tests conducted by the departmentof health and environment relating to HIV or AIDS and persons sufferingtherefrom or infected therewith shall be confidential and shall not bedisclosed or made public, upon subpoena or otherwise, beyond the disclosurenecessary under subsection (a) or (b) or under subsection (a) of K.S.A.65-6003 and amendments thereto or the usual reporting of laboratory testresults to persons specifically designated by the secretary as authorizedto obtain such information, except such information may be disclosed:
(1) If no person can be identified in the information to be disclosedand the disclosure is for statistical purposes;
(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 extent necessary, asspecified by rules and regulations of the secretary, to protect the publichealth;
(4) if a medical emergency exists and the disclosure is to medicalpersonnel qualified to treat AIDS or HIV infection, except that anyinformation disclosedpursuant to this paragraph shall be disclosed only to the extent necessaryto protect the health or life of a named party; or
(5) if the information to be disclosed is required in a court proceedinginvolving a minor and the information is disclosed in camera.
(e) Information regarding cases of AIDS or HIV infectionreported inaccordance 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 tothe discrimination against any individual or group with regard to employment,to provision of medical care or acceptance into any facilities orinstitutions for medicalcare, housing, education, transportation, or for the provision of any othergoods or services.
