State Codes and Statutes

Statutes > Kansas > Chapter65 > Article60 > Statutes_27157

65-6004

Chapter 65.--PUBLIC HEALTH
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE

      65-6004.   Physician authorized to disclose to certainpersonsinformation about patient who has infectious disease or who has had laboratoryconfirmation of a positivereaction to an infectious disease test; confidentiality of information;immunity injudicial proceedings.(a) Notwithstanding any other law to the contrary, a physician performingmedical or surgical procedures on a patient who the physician knows has aninfectious disease or has had laboratory confirmation of a positivereaction to an infectious disease testmay disclose suchinformation to other health care providers, emergency services employees,corrections officers or lawenforcement employees who have beenor will be placed in contact with body fluids of suchpatient. The information shall be confidentialand shall not be disclosed by such health care providers, emergency servicesemployees, corrections officers or lawenforcement employees exceptas may be necessary in providingtreatment for such patient.

      (b)   Notwithstanding any other law to the contrary, a physician who hasreason to believe that the spouse or partner of a person who has hadlaboratory confirmation of HIVinfection or who hasAIDS may have been exposed toHIV and is unaware of such exposuremay inform thespouse or partner of therisk of exposure. The information shall be confidential andshall not bedisclosed by suchspouse or partner to other persons except to the spouse or partner who hashad laboratory confirmation ofHIV infection or who hasAIDS.

      (c)   Nothing in this section shall be construed to create a duty to warnany person of possible exposure to HIV.

      (d)   Any physician who discloses or fails to disclose information inaccordancewith the provisions of this section in good faith and without malice shallhave immunity from any liability, civil or criminal, that might otherwisebe incurred or imposed in an action resulting from such disclosure. Any suchphysician shall have the same immunity with respect to participation in anyjudicial proceeding resulting from such disclosure.

      History:   L. 1988, ch. 232, § 4;L. 1990, ch. 234, § 3;L. 1993, ch. 221, § 1;L. 1996, ch. 215, § 2;L. 1999, ch. 109, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article60 > Statutes_27157

65-6004

Chapter 65.--PUBLIC HEALTH
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE

      65-6004.   Physician authorized to disclose to certainpersonsinformation about patient who has infectious disease or who has had laboratoryconfirmation of a positivereaction to an infectious disease test; confidentiality of information;immunity injudicial proceedings.(a) Notwithstanding any other law to the contrary, a physician performingmedical or surgical procedures on a patient who the physician knows has aninfectious disease or has had laboratory confirmation of a positivereaction to an infectious disease testmay disclose suchinformation to other health care providers, emergency services employees,corrections officers or lawenforcement employees who have beenor will be placed in contact with body fluids of suchpatient. The information shall be confidentialand shall not be disclosed by such health care providers, emergency servicesemployees, corrections officers or lawenforcement employees exceptas may be necessary in providingtreatment for such patient.

      (b)   Notwithstanding any other law to the contrary, a physician who hasreason to believe that the spouse or partner of a person who has hadlaboratory confirmation of HIVinfection or who hasAIDS may have been exposed toHIV and is unaware of such exposuremay inform thespouse or partner of therisk of exposure. The information shall be confidential andshall not bedisclosed by suchspouse or partner to other persons except to the spouse or partner who hashad laboratory confirmation ofHIV infection or who hasAIDS.

      (c)   Nothing in this section shall be construed to create a duty to warnany person of possible exposure to HIV.

      (d)   Any physician who discloses or fails to disclose information inaccordancewith the provisions of this section in good faith and without malice shallhave immunity from any liability, civil or criminal, that might otherwisebe incurred or imposed in an action resulting from such disclosure. Any suchphysician shall have the same immunity with respect to participation in anyjudicial proceeding resulting from such disclosure.

      History:   L. 1988, ch. 232, § 4;L. 1990, ch. 234, § 3;L. 1993, ch. 221, § 1;L. 1996, ch. 215, § 2;L. 1999, ch. 109, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article60 > Statutes_27157

65-6004

Chapter 65.--PUBLIC HEALTH
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE

      65-6004.   Physician authorized to disclose to certainpersonsinformation about patient who has infectious disease or who has had laboratoryconfirmation of a positivereaction to an infectious disease test; confidentiality of information;immunity injudicial proceedings.(a) Notwithstanding any other law to the contrary, a physician performingmedical or surgical procedures on a patient who the physician knows has aninfectious disease or has had laboratory confirmation of a positivereaction to an infectious disease testmay disclose suchinformation to other health care providers, emergency services employees,corrections officers or lawenforcement employees who have beenor will be placed in contact with body fluids of suchpatient. The information shall be confidentialand shall not be disclosed by such health care providers, emergency servicesemployees, corrections officers or lawenforcement employees exceptas may be necessary in providingtreatment for such patient.

      (b)   Notwithstanding any other law to the contrary, a physician who hasreason to believe that the spouse or partner of a person who has hadlaboratory confirmation of HIVinfection or who hasAIDS may have been exposed toHIV and is unaware of such exposuremay inform thespouse or partner of therisk of exposure. The information shall be confidential andshall not bedisclosed by suchspouse or partner to other persons except to the spouse or partner who hashad laboratory confirmation ofHIV infection or who hasAIDS.

      (c)   Nothing in this section shall be construed to create a duty to warnany person of possible exposure to HIV.

      (d)   Any physician who discloses or fails to disclose information inaccordancewith the provisions of this section in good faith and without malice shallhave immunity from any liability, civil or criminal, that might otherwisebe incurred or imposed in an action resulting from such disclosure. Any suchphysician shall have the same immunity with respect to participation in anyjudicial proceeding resulting from such disclosure.

      History:   L. 1988, ch. 232, § 4;L. 1990, ch. 234, § 3;L. 1993, ch. 221, § 1;L. 1996, ch. 215, § 2;L. 1999, ch. 109, § 4; July 1.