reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5419 Supervision of persons providing supportive services; supervision requirements.

65-5419.
Supervision of persons providing supportive services; supervision requirements.
(a) An occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional shall function under the guidance and responsibility of the licensed occupational therapist and may be supervised by the occupational therapist or an occupational therapy assistant for specifically selected routine tasks for which the occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional has been trained and has demonstrated competence. The occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional shall comply with supervision requirements developed by the board by rules and regulations which are consistent with prevailing professional standards.
(b) This section shall be part of and supplemental to the occupational therapy practice act.
(c) The provisions of this section shall take effect on and after April 1, 2003.
History:
L. 2002, ch. 203, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5420 Registration deemed to be licensure on effective day of act.

65-5420.
Registration deemed to be licensure on effective day of act.
(a) Any person holding a valid registration as an occupational therapist immediately prior to the effective date of this act which has been issued by the state board of healing arts shall be deemed to be a licensed occupational therapist and shall be subject to the provisions of article 54 of chapter 65 of the Kansas Statutes Annotated.
(b) Any person holding a valid registration as an occupational therapy assistant immediately prior to the effective date of this act which has been issued by the state board of healing arts shall be deemed to be a licensed occupational therapy assistant and shall be subject to the provisions of article 54 of chapter 65 of the Kansas Statutes Annotated.
(c) This section shall be part of and supplemental to the occupational therapy practice act.
(d) The provisions of this section shall take effect on and after April 1, 2003.
History:
L. 2002, ch. 203, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5421 Licensed occupational therapist ownership limitations in professional corporations.

65-5421.
Licensed occupational therapist ownership limitations in professional corporations.
(a) The state board of healing arts shall adopt rules and regulations to limit the percentage of ownership when a licensed occupational therapist forms a professional corporation pursuant to K.S.A. 17-2706 et seq., and amendments thereto, in combination with other professional services.
(b) This section shall be part of and supplemental to the occupational therapy practice act.
History:
L. 2004, ch. 143, § 106; January 1, 2005.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5422 Occupational therapy services without healthcare practitioner referral; when permitted; limitations.

65-5422. Occupational therapy services without healthcare practitioner referral; when permitted; limitations.
(a) Except as otherwise provided in subsection (c), an occupational therapist may evaluate and initiate occupational therapy treatment on a patient without referral from a healthcare practitioner.
(1) An occupational therapist who is treating a patient without a referral from a healthcare practitioner shall obtain a referral from an appropriate healthcare practitioner prior to continuing treatment if the patient:
(A) Is not progressing toward documented treatment goals as demonstrated by objective, measurable or functional improvement, or any combination thereof, after ten patient visits or in a period of 30 calendar days from the initial treatment visits following the initial evaluation visit; or
(B) within one year from the initial treatment visits following the initial evaluation visit, returns to the occupational therapist seeking treatment for the same condition or injury.
(b) Occupational therapists may provide services without a referral to:
(1) Employees solely for the purpose of education and instruction related to workplace injury prevention;
(2) the public for the purpose of health promotion, education, and functional independence in activities of daily living; or
(3) special education students who need occupational therapy services to fulfill the provisions of their individualized education plan* (IEP) or individualized family service plan (IFSP).
(c) Nothing in this section shall be construed to prevent a hospital or ambulatory surgical center from requiring a physician order or make a referral for occupational therapy services for a patient currently being treated in such facility.
(d) When a patient self-refers to an occupational therapist pursuant to this section, the occupational therapist, prior to commencing treatment, shall provide written notice to the patient that an occupational therapy diagnosis is not a medical diagnosis by a physician.
(f)** Occupational therapists shall perform wound care management services only after approval by a person licensed to practice medicine and surgery.
(g)** As used in this section, "healthcare practitioner" means: A person licensed by the state board of healing arts to practice medicine and surgery, osteopathic medicine and surgery or chiropractic; a "mid-level practitioner" as defined in K.S.A. 65-1626, and amendments thereto; or a licensed dentist or licensed optometrist in appropriately related cases.
History:
L. 2022, ch. 20, § 1; July 1.
* The word "plan" should have been "program" instead.
** Subsections (f) and (g) should have been designated as subsections (e) and (f), respectively.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5423 Professional liability insurance required.

65-5423. Professional liability insurance required.
Professional liability insurance coverage shall be maintained in effect by each licensed occupational therapist actively practicing in this state as a condition of rendering professional services as an occupational therapist in this state. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
History:
L. 2022, ch. 20, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5501 Citation of act.

65-5501.
Citation of act.
K.S.A. 65-5501 to 65-5517, inclusive, shall be known and may be cited as the respiratory therapy practice act.
History:
L. 1986, ch. 322, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5502 Definitions.

65-5502.
Definitions.
As used in K.S.A. 65-5501 to 65-5517, inclusive and amendments thereto:
(a) "Board" means the state board of healing arts.
(b) "Respiratory therapy" is a health care profession whose therapists practice under the supervision of a qualified medical director and with the prescription of a licensed physician providing therapy, management, rehabilitation, respiratory assessment and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated other systems functions. The duties which may be performed by a respiratory therapist include:
(1) Direct and indirect respiratory therapy services that are safe, aseptic, preventative and restorative to the patient.
(2) Direct and indirect respiratory therapy services, including but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory therapy procedures to implement a treatment, disease prevention or pulmonary rehabilitative regimen prescribed by a physician.
(3) Administration of medical gases, exclusive of general anesthesia, aerosols, humidification and environmental control systems.
(4) Transcription and implementation of written or verbal orders of a physician pertaining to the practice of respiratory therapy.
(5) Implementation of respiratory therapy protocols as defined by the medical staff of an institution or a qualified medical director or other written protocol, changes in treatment pursuant to the written or verbal orders of a physician or the initiation of emergency procedures as authorized by written protocols.
(c) "Respiratory therapist" means a person who is licensed to practice respiratory therapy as defined in this act.
(d) "Person" means any individual, partnership, unincorporated organization or corporation.
(e) "Physician" means a person who is licensed by the board to practice medicine and surgery.
(f) "Qualified medical director" means the medical director of any inpatient or outpatient respiratory therapy service, department or home care agency. The medical director shall be a physician who has interest and knowledge in the diagnosis and treatment of respiratory problems. This physician shall be responsible for the quality, safety and appropriateness of the respiratory services provided and require that respiratory therapy be ordered by a physician who has medical responsibility for the patient. The medical director shall be readily accessible to the respiratory therapy practitioner.
History:
L. 1986, ch. 322, § 2; L. 1999, ch. 87, § 7; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5503 Administration of act by state board of healing arts.

65-5503.
Administration of act by state board of healing arts.
The board, as hereinafter provided, shall administer the provisions of this act.
History:
L. 1986, ch. 322, § 3; L. 1999, ch. 87, § 8; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5504 Respiratory care council established; appointment of members; compensation.

65-5504.
Respiratory care council established; appointment of members; compensation.
(a) There is established a respiratory care council to advise the board in carrying out the provisions of this act. The council shall consist of seven members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; two members shall be from the public sector who are not engaged, directly or indirectly, in the provision of health services appointed by the governor; and three members shall be respiratory therapists appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas and persons who represent various types of respiratory therapy practice. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The Kansas respiratory care society shall recommend the names of respiratory therapists to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed, except that members appointed from the public sector shall be appointed for terms of two years and until their successors are appointed. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History:
L. 1986, ch. 322, § 4; L. 1987, ch. 253, § 4; L. 1988, ch. 251, § 4; L. 1999, ch. 87, § 9; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5505 Duties of board.

65-5505.
Duties of board.
The board shall pass upon the qualifications of all applicants for examination and licensure, provide for all examinations, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act. The board shall keep a record of all proceedings under this act and a roster of all individuals licensed under this act. Only an individual may be licensed under this act.
History:
L. 1986, ch. 322, § 5; L. 1999, ch. 87, § 10; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5506 Application for licensure; requirements; rules and regulations criteria for educational programs.

65-5506.
Application for licensure; requirements; rules and regulations criteria for educational programs.
(a) An applicant applying for licensure as a respiratory therapist shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed an educational program in respiratory therapy approved by the board.
(2) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-5507 and amendments thereto.
(3) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-5509 and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria for an educational program in respiratory therapy to obtain successful recognition by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in respiratory therapy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in respiratory therapy. In entering such contracts the authority to recognize an educational program in respiratory therapy shall remain solely with the board.
History:
L. 1986, ch. 322, § 6; L. 1988, ch. 243, § 13; L. 1999, ch. 87, § 11; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5507 Examinations.

65-5507.
Examinations.
(a) Each applicant for licensure under this act shall be examined by a written examination chosen by the board to test the applicant's knowledge of the basic and clinical sciences relating to respiratory therapy, and respiratory therapy theory and practice, including the applicant's professional skills and judgment in the utilization of respiratory therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice.
(b) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at least twice each year at such places as the board may determine and the board shall give or cause to be given reasonable public notice of such examinations at least 60 days prior to their administration.
(c) Applicants may obtain their examination scores.
History:
L. 1986, ch. 322, § 7; L. 1999, ch. 87, § 12; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5508 Waiver of examination and other requirements; when waived; special permits; temporary license.

65-5508.
Waiver of examination and other requirements; when waived; special permits; temporary license.
(a) The board may waive the examination, education or experience requirements and grant licensure to any applicant who presents proof of current licensure or registration as a respiratory therapist in another state, the District of Columbia or territory of the United States which requires standards for licensure or registration determined by the board to be equivalent to the requirements for licensure under this act.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-5509, and amendments thereto.
(c) The board may issue a special permit to a student enrolled in an approved school of respiratory therapy who applies for such special permit on a form provided by the board and who pays to the board the special permit fee as required under K.S.A. 65-5509, and amendments thereto. The special permit shall authorize a student who is enrolled in an approved school of respiratory therapy and who holds such special permit to practice respiratory therapy under the supervision of a licensed respiratory therapist. Such special permit shall expire 30 days after the date that the student graduates from an approved school of respiratory therapy or otherwise ceases to be enrolled in an approved school of respiratory therapy.
(d) The board may issue a temporary license to an applicant for licensure as a respiratory therapist who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all of the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-5509, and amendments thereto. Temporary licenses issued prior to July 1, 2010, shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. Temporary licenses issued on or after July 1, 2010, shall expire six months from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
History:
L. 1986, ch. 322, § 8; L. 1987, ch. 253, § 5; L. 1991, ch. 192, § 6; L. 1997, ch. 26, § 2; L. 1999, ch. 87, § 13; L. 2010, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5509 Fees.

65-5509.
Fees.
(a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
Application fee, not more than    $80
Temporary license fee, not more than    40
Special permit fee, not more than    80
License renewal fee, not more than    80
License late renewal fee, not more than    80
License reinstatement fee, not more than    80
Certified copy of license, not more than    40
Written verification of license, not more than    25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the respiratory therapy practice act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the respiratory therapy practice act be paid directly to the examination service by the person taking the examination.
History:
L. 1986, ch. 322, § 9; L. 1987, ch. 253, § 6; L. 1989, ch. 202, § 1; L. 1997, ch. 94, § 5; L. 1999, ch. 87, § 14; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5510 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement.

65-5510.
Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement.
(a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately censured where the licensee or applicant for licensure has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a respiratory therapist;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation or limitation of a license or public or private censure of a licensee may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked license shall be accompanied by the license renewal fee and the license reinstatement fee established under K.S.A. 65-5509, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1986, ch. 322, § 10; L. 1999, ch. 87, § 15; L. 2004, ch. 117, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5511 Foreign trained respiratory therapists; requirements.

65-5511.
Foreign trained respiratory therapists; requirements.
Foreign trained respiratory therapists shall satisfy the examination requirements of K.S.A. 65-5506 and amendments thereto. The board shall require foreign trained applicants to furnish proof of completion of educational requirements, substantially equal to those contained in K.S.A. 65-5506 and amendments thereto prior to taking the examination.
History:
L. 1986, ch. 322, § 11; L. 1999, ch. 87, § 16; March 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5512 Expiration of license; failure to renew; renewal; suspended license; fees.

65-5512.
Expiration of license; failure to renew; renewal; suspended license; fees.
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-5509, and amendments thereto. The board may establish additional requirements for license renewal which provide evidence of continued competency.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (c).
(c) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
(d) A person whose license is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the license was suspended.
History:
L. 1986, ch. 322, § 12; L. 1999, ch. 87, § 17; L. 2004, ch. 117, § 22; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5513 Moneys received by board; disposition; healing arts fee fund.

65-5513. Moneys received by board; disposition; healing arts fee fund.
The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president of the board.
History:
L. 1986, ch. 322, § 13; L. 2001, ch. 5, § 263; L. 2011, ch. 53, § 36; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5515 Injunction.

65-5515.
Injunction.
When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
History:
L. 1986, ch. 322, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5516 State agency adjudicative proceedings and judicial review; conduct.

65-5516.
State agency adjudicative proceedings and judicial review; conduct.
All state agency adjudicative proceedings under K.S.A. 65-5501 to 65-5517, inclusive, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History:
L. 1986, ch. 322, § 16; L. 2010, ch. 17, § 165; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 55 - Respiratory Therapy › 65-5517 Invalidity of part.

65-5517.
Invalidity of part.
If any section of this act, or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History:
L. 1986, ch. 322, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 56 - Confidential Communications And Information › 65-5601 Definitions.

65-5601. Definitions.
As used in K.S.A. 65-5601 through 65-5605, and amendments thereto:
(a) "Patient" means a person who consults or is examined or interviewed by treatment personnel.
(b) "Treatment personnel" means any employee of a treatment facility who receives a confidential communication from a patient while engaged in the diagnosis or treatment of a mental, alcoholic, drug dependency or emotional condition, if such communication was not intended to be disclosed to third persons.
(c) "Ancillary personnel" means any employee of a treatment facility who is not included in the definition of treatment personnel.
(d) "Treatment facility" means a community mental health center, community service provider, psychiatric hospital and state institution for people with intellectual disability.
(e) "Head of the treatment facility" means the administrative director of a treatment facility or the designee of the administrative director.
(f) "Community mental health center" means the same as defined in K.S.A. 39-2002, and amendments thereto.
(g) "Psychiatric hospital" means Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Topeka state hospital and hospitals licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(h) "State institution for people with intellectual disability" means Winfield state hospital and training center, Parsons state hospital and training center and the Kansas neurological institute.
(i) "Community service provider" means: (1) A community facility for people with intellectual disability organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto, and licensed in accordance with the provisions of K.S.A. 39-2001 et seq., and amendments thereto; (2) community service provider as provided in the developmental disabilities reform act; or (3) a nonprofit corporation that provides services for people with intellectual disability pursuant to a contract with an intellectual disability governing board.
History:
L. 1986, ch. 212, § 1; L. 1995, ch. 234, § 18; L. 1996, ch. 167, § 60; L. 2012, ch. 91, § 53; L. 2018, ch. 71, § 25; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 56 - Confidential Communications And Information › 65-5602 Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications; extent of privilege; persons who may claim privilege; persons to which confidential communications extend.

65-5602.
Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications; extent of privilege; persons who may claim privilege; persons to which confidential communications extend.
(a) A patient of a treatment facility has a privilege to prevent treatment personnel or ancillary personnel from disclosing that the patient has been or is currently receiving treatment or from disclosing any confidential communications made for the purposes of diagnosis or treatment of the patient's mental, alcoholic, drug dependency or emotional condition. The privilege extends to individual, family or group therapy under the direction of the treatment personnel and includes members of the patient's family. The privilege may be claimed by the patient, by the patient's guardian or conservator or by the personal representative of a deceased patient. The treatment personnel shall claim the privilege on behalf of the patient unless the patient has made a written waiver of the privilege and provided the treatment personnel with a copy of such waiver or unless one of the exceptions provided by K.S.A. 65-5603 is applicable.
(b) Confidential communications shall extend to those persons present to further the interests of the patient in the consultation, examination or interview; ancillary personnel; persons who are participating in the diagnosis and treatment under the direction of the treatment personnel, including members of the patient's family; and any other persons who the patient reasonably believes needs the communication to assist in the patient's diagnosis or treatment.
History:
L. 1986, ch. 212, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 56 - Confidential Communications And Information › 65-5604 Interpretation of act; rules of discovery not to take precedence over act.

65-5604.
Interpretation of act; rules of discovery not to take precedence over act.
This act shall be interpreted to encourage treatment in a confidential setting and the rules of discovery shall not take precedence over the provisions of this act.
History:
L. 1986, ch. 212, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 56 - Confidential Communications And Information › 65-5605 Violations; misdemeanor.

65-5605.
Violations; misdemeanor.
Any treatment personnel or ancillary personnel willfully violating the patient's confidentiality as defined by this act shall be guilty of a class C misdemeanor.
History:
L. 1986, ch. 212, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5702 Definitions.

65-5702.
Definitions.
As used in this act:
(a) "Commission" means the state emergency response commission created by K.S.A. 65-5703.
(b) "Federal act" means the federal emergency planning and community right-to-know act of 1986 (Title III, P.L. 99-499).
History:
L. 1987, ch. 231, § 2; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5705 Duties of adjutant general; rules and regulations; fees.

65-5705.
Duties of adjutant general; rules and regulations; fees.
The adjutant general shall be responsible for emergency planning activities under the federal act, including adoption of such rules and regulations necessary to implement the provisions of the federal act relating to emergency planning. Such rules and regulations may establish fees to cover all or part of the total cost of operation of the program.
History:
L. 1987, ch. 231, § 5; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5706 Interagency agreement.

65-5706.
Interagency agreement.
The secretary of health and environment and the adjutant general shall enter into an interagency agreement providing for exchange of information and coordination of their respective duties and responsibilities under this act.
History:
L. 1987, ch. 231, § 6; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5707 Provisions of federal act adopted; application; submission of lists of chemicals and material safety data sheets.

65-5707.
Provisions of federal act adopted; application; submission of lists of chemicals and material safety data sheets.
The provisions of sections 302(c), 303(d), 304, 311, 312, 313 and 323 of the federal act, as effective on the effective date of this act, pertaining to providing of information and giving of notifications shall be considered the law of this state and shall apply equally to all federal agencies, departments, installations and facilities located in this state, as well as to any other facilities subject to the federal act. For purposes of complying with this section, facilities regulated under sections 311 and 312 of the federal act shall submit lists of chemicals in lieu of material safety data sheets, and tier II reports in lieu of tier I reports. Material safety data sheets shall be submitted within 30 days of request to the state or local emergency planning committees.
History:
L. 1987, ch. 231, § 7; L. 1991, ch. 202, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5709 Penalty for violation.

65-5709.
Penalty for violation.
Violation of section 304 of the federal act, as adopted by K.S.A. 65-5707, is a felony punishable by a fine of not more than $25,000 or imprisonment for not more than two years, or both, for the first conviction and a fine of not more than $50,000 or imprisonment for not more than five years, or both, for the second or a subsequent conviction.
History:
L. 1987, ch. 231, § 9; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5710 Severability.

65-5710.
Severability.
The provisions of this act are severable and, if any provision or part thereof is held invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of the act.
History:
L. 1987, ch. 231, § 10; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5711 Inspection of premises and records for determination of compliance with act.

65-5711.
Inspection of premises and records for determination of compliance with act.
The secretary of health and environment, the adjutant general or the attorney general or their respective authorized representatives shall have the power to enter at all reasonable times upon any private or public property and inspect the premises and all relevant business or other records for the purpose of determining whether there is compliance with or violation of the provisions of this act and rules and regulations issued pursuant thereto, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
History:
L. 1991, ch. 202, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5722 Same; powers and duties.

65-5722.
Same; powers and duties.
The commission on emergency planning and response shall have the following functions, powers and duties:
(a) Carry out all requirements of the federal emergency planning and community right-to-know act of 1986, 42 U.S.C. 11001-11005, and amendments thereto, hereinafter called the "federal act";
(b) provide assistance and advice in establishing policy for the coordination of state agency activities relating to emergency training, preparedness, planning, and response;
(c) provide assistance and advice in establishing policy and procedures for chemical release reporting and prevention, transportation, manufacture, storage, handling, and use;
(d) facilitate and advise the division of emergency management, the adjutant general, and others in the preparation and implementation of all emergency plans prepared by state agencies;
(e) facilitate and advise the division of emergency management, the adjutant general, and others in the preparation and implementation of statewide, interjurisdictional, and local emergency plans prepared in accordance with state and federal law;
(f) designate, and revise as necessary, the boundaries of emergency planning districts in accordance with the federal act;
(g) approve the local emergency planning committee for each emergency planning district;
(h) review reports about responses to disaster emergencies and make recommendations to the appropriate parties involved in the response concerning improved prevention, mitigation, and preparedness;
(i) provide assistance and advice to the division of emergency management and the adjutant general in coordinating, advising, or planning tasks related to community right-to-know reporting, toxic chemical release reporting, management of hazardous substances, emergency planning and preparedness for all types of hazards and emergency planning and preparedness for all types of disasters, as defined in K.S.A. 48-904, and amendments thereto;
(j) recommend procedures to integrate, as appropriate, hazardous substance response planning under 42 U.S.C. 11001-11005, federal contingency planning under 33 U.S.C. 1321 and other federal laws as applicable to hazardous substance discharges, and state, regional, and local planning;
(k) provide recommendations and advice to the adjutant general and the secretary of health and environment regarding the adoption of regulations as authorized to carry out the purposes of all state hazard preparedness and planning laws and the federal act, 42 U.S.C. 11001-11005;
(l) approve the fees established by rules and regulations of the adjutant general to cover all or part of the total operational costs of implementing the provisions of the federal act; and
(m) provide assistance and advice to the division of emergency management and the adjutant general in developing and implementing a plan for regional emergency medical response teams.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 2; L. 2002, ch. 149, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5723 Emergency response commission abolished; powers and duties transferred; orders and directives continued in effect until superseded.

65-5723.
Emergency response commission abolished; powers and duties transferred; orders and directives continued in effect until superseded.
The state emergency response commission created by K.S.A. 65-5703 is hereby abolished.
(a) Except as otherwise provided by this order, all of the powers, duties, and functions of the existing state emergency response commission are hereby transferred to and conferred and imposed upon the commission on emergency planning and response.
(b) Whenever the phrase "state emergency response commission" or words of like effect, are referred to or designated by a statute, rule and regulation, contract or other documents, the reference or designation shall be deemed to apply to the commission on emergency planning and response.
(c) All orders and directives of the state emergency response commission shall continue to be effective and shall be deemed to be orders and directives of the commission on emergency planning and response until revised, amended or nullified pursuant to law.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5724 Commission on emergency planning and response successor to emergency response commission; force and effect of acts.

65-5724.
Commission on emergency planning and response successor to emergency response commission; force and effect of acts.
Except as otherwise provided by this order, the commission on emergency planning and response established by this order shall be the successor in every way to the powers, duties, and functions of the state emergency response commission which were vested prior to the effective date of this order and which are transferred pursuant to K.S.A. 65-5723. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the commission on emergency planning and response shall be deemed to have the same force and effect as if performed by the state emergency response commission in which such powers, duties, and functions were vested prior to the effective date of this order.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5725 Powers and duties of secretary of health and environment transferred to adjutant general.

65-5725. Powers and duties of secretary of health and environment transferred to adjutant general.
(a) Except as otherwise provided by this order, all of the powers, duties, and functions of the secretary of health and environment relating to provision of support for the oversight and administrative activities of the commission on emergency planning and response are hereby transferred to and conferred and imposed upon the adjutant general.
(b) Except as otherwise provided by this order, whenever the words "secretary of health and environment" or words of like effect are referred to or designated by a statute, rule and regulation, contract or other document in connection with the powers, duties, and functions transferred from the secretary of health and environment to the adjutant general by this order, the reference or designation shall be deemed to apply to the adjutant general.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 5; L. 2018, ch. 82, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5726 Rules and regulations, orders and directives continued in effect until superseded.

65-5726.
Rules and regulations, orders and directives continued in effect until superseded.
All rules and regulations, orders, and directives of the secretary of health and environment relating to those duties, functions, and powers transferred to the adjutant general by K.S.A. 65-5725 shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the adjutant general until revised, amended or nullified pursuant to law.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5727 Adjutant general successor to secretary of health and environment; force and effect of acts.

65-5727.
Adjutant general successor to secretary of health and environment; force and effect of acts.
Except as otherwise provided by this order, the adjutant general shall be the successor in every way to the powers, duties, and functions of the secretary of health and environment which were vested prior to the effective date of this order and which are transferred pursuant to K.S.A. 65-5725. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the adjutant general shall be deemed to have the same force and effect as if performed by the secretary of health and environment in which such powers, duties, and functions were vested prior to the effective date of this order.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5728 Duties and powers of adjutant general and secretary of health and environment transferred to commission on emergency planning and response; rules and regulations and orders and directives continued in effect until superseded.

65-5728.
Duties and powers of adjutant general and secretary of health and environment transferred to commission on emergency planning and response; rules and regulations and orders and directives continued in effect until superseded.
(a) Except as otherwise provided by this order, the powers, duties, and functions of the adjutant general and secretary of health and environment related to approval of local planning districts as provided by K.S.A. 65-5703(f), and amendments thereto, are hereby transferred to and conferred and imposed upon the commission on emergency planning and response.
(b) Except as otherwise provided by this order, whenever the words "adjutant general" or "secretary of health and environment" or words of like effect are referred to or designated by a statute, rule and regulation, contract or other document in connection with the powers, duties, and functions transferred by this order from the adjutant general and the secretary of health and environment to the commission on emergency planning and response, the reference or designation shall be deemed to apply to the commission on emergency planning and response.
(c) All rules and regulations, orders, and directives of the adjutant general and of the secretary of health and environment relating to the powers, duties, and functions transferred to the commission on emergency planning and response by this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the commission on emergency planning and response until revised, amended or nullified pursuant to law.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 8; July 1.