reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.

65-1,206.
Lead-based paint hazard fee fund; sources of revenue; expenditures.
(a) There is established in the state treasury the lead-based paint hazard fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Fees collected under the residential childhood lead poisoning prevention act for licensure and certification to engage in lead-based paint activities, accreditation of training programs and fees for evaluation of abatement projects;
(2) any moneys recovered by the state under the residential childhood lead poisoning prevention act, including administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement;
(3) any moneys collected or received from public or private grants and from gifts and donations; and
(4) interest attributable to investment of moneys in the fund.
(b) Moneys deposited in the fund shall be expended only for the purpose of administering the residential childhood lead poisoning prevention act and for no other governmental purposes.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the lead-based paint hazard fee fund interest earnings based on:
(1) The average daily balance of moneys in the lead-based paint hazard fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the 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 secretary for the purposes set forth in this section.
History:
L. 1999, ch. 99, § 8; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,208 Noncompliance; notice; duty to meet compliance requirements.

65-1,208.
Noncompliance; notice; duty to meet compliance requirements.
Whenever an authorized agency of the secretary finds that any individual, business entity, accredited program or public agency is not in compliance with the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, it shall be the duty of such agent to notify the individual, business entity, accredited program or public agency in writing of such changes or alterations as the agency shall deem necessary in order to comply with the requirements of the residential childhood lead poisoning prevention act and any rules and regulations adopted under the residential childhood lead poisoning prevention act, and the agency shall file a copy of such notice with the secretary. It shall thereupon be the duty of the individual, business entity, accredited program or public agency to make such changes or alterations as are contained in the written notice within five days from the receipt of such notice.
History:
L. 1999, ch. 99, § 10; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,209 Violations; criminal penalties.

65-1,209.
Violations; criminal penalties.
Any individual, business entity, public agency or accredited training program which knowingly violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act is guilty:
(a) For a first offense, of a class C misdemeanor; and
(b) for a second offense or subsequent offense, of a class B misdemeanor.
History:
L. 1999, ch. 99, § 11; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,210 Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards.

65-1,210.
Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards.
(a) Any individual, business entity, accredited training program or public agency who violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, in addition to any other penalty or litigation provided by law, may incur a civil penalty imposed under subsection (b) in a maximum amount not to exceed $1,000 for the first violation, $5,000 for each subsequent violation and, in the case of a continuing violation, every day such previously notified violation continues shall be deemed a separate violation.
(b) The secretary, upon finding that any individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, may impose a civil penalty within the limits provided in this section upon such individual, business entity, accredited training program or public agency which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) The secretary, upon finding that an individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or rules and regulations adopted under the residential childhood lead poisoning prevention act, may issue an order finding such individual, business entity, accredited training program or public agency in violation of the residential childhood lead poisoning prevention act and directing the individual, business entity, accredited training program or public agency to take such action as necessary to correct the violation.
(d) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(e) Any individual, business entity, accredited training program or public agency aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer and deposited in the lead-based paint hazard fee fund.
(g) The secretary shall use penalties recovered pursuant to the provisions of this section to establish a grant program for communities to conduct activities designed to reduce or eliminate exposure of children to residential lead-based paint hazards.
History:
L. 1999, ch. 99, § 12; L. 2010, ch. 17, § 116; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,211 Same; additional remedies.

65-1,211.
Same; additional remedies.
Notwithstanding any other remedy and in addition to any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity or individual to restrain or prevent any violation of the provisions of the residential childhood lead poisoning prevention act or of any rules and regulations adopted under the residential childhood lead poisoning prevention act.
History:
L. 1999, ch. 99, § 13; L. 2010, ch. 17, § 117; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.

65-1,212.
Implementation of act by entities engaging in lead-based paint activities; when.
Licensure, certification or training program accreditation for a business entity, public agency or individual who engages in lead-based paint activities shall not be required until such time as the secretary adopts rules and regulations to implement the provisions of the residential childhood lead poisoning prevention act.
History:
L. 1999, ch. 99, § 14; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,213 Statutory audit privilege not applicable.

65-1,213.
Statutory audit privilege not applicable.
The audit privilege recognized in K.S.A. 60-3332 through 60-3339 does not pertain to the residential childhood lead poisoning prevention act.
History:
L. 1999, ch. 99, § 15; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,215 Renal disease program, exception; support staff; standards; rules and regulations; renal disease fund.

65-1,215.
Renal disease program, exception; support staff; standards; rules and regulations; renal disease fund.
(a) Except as otherwise provided in this subsection, the secretary of health and environment shall establish, to the extent moneys are appropriated therefor or grants or other funds are received therefor, a program for the care and treatment of persons suffering from chronic renal diseases who require lifesaving medications and transportation to treatment for such renal disease. If the secretary of health and environment determines that moneys for this program are inadequate to finance the program based upon estimated costs for the program developed by the department of health and environment, the secretary of health and environment shall not establish the program until the secretary determines that adequate moneys are available to finance the program.
(b) If a program for the care and treatment of persons suffering from chronic renal diseases is established under subsection (a), the secretary of health and environment shall appoint support staff, to the extent moneys are appropriated therefor or grants or other funds are received therefor, as may be necessary to administer the program and shall develop standards for determining eligibility for care and treatment under this program. In lieu of administering the program, the secretary of health and environment may contract with an external organization for administration of the act.
(c) The secretary of health and environment is hereby given the authority to adopt the necessary rules and regulations to properly administer and enforce the provisions of this act.
(d) There is hereby created in the state treasury the renal disease fund. The secretary of health and environment may accept moneys from any source and such moneys shall be credited to the renal disease fund. All expenditures from the renal disease 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 secretary of health and environment or by a person or persons designated by the secretary.
(e) All expenditures for costs of the program established by this act, including costs of administration and all services therefor, shall be made from the renal disease fund.
History:
L. 2001, ch. 169, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,221 Intent.

65-1,221.
Intent.
The intent of this act is to provide a voluntary mechanism to assist existing state programs to address environmental contamination in a cost effective manner that is protective of human health and the environment.
History:
L. 2003, ch. 130, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,222 Definitions.

65-1,222.
Definitions.
As used in this act:
(a) "Department" means the Kansas department of health and environment.
(b) "Environmental use control" means an institutional or administrative control, a restriction, prohibition or control of one or more uses of, or activities on, a specific property, as requested by the property owner at the time of issuance, to ensure future protection of public health and the environment when environmental contamination which exceeds department standards for unrestricted use remains on the property following the appropriate assessment and/or remedial activities as directed by the department pursuant to the secretary's authority. For the purposes of this act, "environmental contamination" does not mean animal or process waste from a confined feeding facility as defined in K.S.A. 65-171d, and amendments thereto, livestock operations or the application of livestock waste for use as a plant nutrient. Any environmental use control created pursuant to this act runs with the property and is binding on the owner and subsequent owners, lessees and other users of the land.
(c) "Owner" means any owner of record of property, and any person or entity with written authorization from the owner to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain.
(d) "Person" means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership; the federal government or any agency or instrumentality thereof; any state, or any agency, instrumentality or political or taxing subdivision thereof; or any interstate body.
(e) "Protective structure" means an engineered physical structure implemented as part of the remedial action to control or respond to a release or threat of release of environmental contamination. Protective structure includes capping, fencing, berming, diking, drainage structures and other structures that may control migration or other releases of environmental contamination.
(f) "Property" means real property.
(g) "Remedial activity" means any site cleanup, soil or groundwater monitoring associated with a contaminated property, remedial action, corrective action, emergency action, removal action or other action necessary or appropriate to respond to a release or threat of release of environmental contamination.
(h) "Secretary" means the secretary of health and environment.
History:
L. 2003, ch. 130, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,223 Exclusions from act.

65-1,223.
Exclusions from act.
(a) The provisions of this act, except the provisions of subsection (b) of K.S.A. 65-1,230, and amendments thereto, shall not apply to solid waste disposal areas which are issued permits pursuant to K.S.A. 65-3407, and amendments thereto, or which receive authorization from the secretary for unpermitted disposal pursuant to K.S.A. 65-3407c, and amendments thereto, provided that the owner of each such solid waste disposal area establishes environmental use controls for the area, subject to approval by the department, by executing and filing a restrictive covenant on the property deed.
(b) The provisions of this act shall not apply to confined feeding facilities as defined in K.S.A. 65-171d, and amendments thereto.
History:
L. 2003, ch. 130, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,224 Environmental use control; application; requirements; approval or disapproval.

65-1,224.
Environmental use control; application; requirements; approval or disapproval.
(a) An owner of property, with departmental approval, may restrict the use of the owner's property to mitigate the risk posed to human health and the environment by imposing on the property an appropriate environmental use control.
(b) (1) If the owner elects to voluntarily restrict use of or activities on the owner's property, the owner or the owner's authorized representative shall make application to the department for approval of an environmental use control. Such application shall be made on forms provided by the department and shall be completed and submitted to the department by the owner or the owner's authorized representative.
(2) Department approval of an application shall be subject to the application's containing the following components: Appropriate restrictions to protect public health and the environment from known contamination which exceeds department standards for unrestricted residential use; access to the subject property; an inspection schedule that is appropriate to monitor conditions at the subject property; and the availability of funds to administer the provisions of this act related to the subject property.
(3) The department may require the applicant to provide financial assurance for category 3 property as described in subsection (c)(3) of K.S.A. 65-1,226, and amendments thereto, based on the potential for long term maintenance cost of protective structures and the potential for release or migration of environmental contamination from the property. The applicant shall provide the financial assurance by one or more methods satisfactory to the department, including, but not limited to, environmental insurance, guarantee, performance or other surety bond, letter of credit, qualification as a self-insurer or other demonstration of financial capability. The demonstration of financial capability must be adequate to provide remedies which are protective of human health and the environment should the proposed remedial activity fail.
(4) The application shall include an accurate legal description or survey of the portion of the property where an environmental use control is proposed.
(c) The department shall review the application. If the application is disapproved by the department, the applicant may modify the application in a manner necessary to obtain department approval and resubmit the application for the department's approval. If the application is approved by the department, the department shall provide the applicant a written approval.
(d) An environmental use control pursuant to this act may be approved by the department as part of the remedial activity for the property when residual contamination which exceeds department standards for unrestricted residential use on the subject property.
History:
L. 2003, ch. 130, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,225 Same; recording with register of deeds; enforcement.

65-1,225.
Same; recording with register of deeds; enforcement.
(a) After an environmental use control has been approved by the department, the owner must register the environmental use control with the register of deeds in the county where the property is located or, if property is owned by the United States or a division thereof, a notice of the environmental use control must be filed with the register of deeds in the county where the property is located. When registering the environmental use control or filing the notice, the following must be included:
(1) A notarized original environmental use control agreement between the applicant and the department; and
(2) an adequate legal description or legal survey of the property which identifies the portion of the property which is subject to the environmental use control.
(b) The applicant must provide to the department a notarized copy of the recorded environmental use control agreement with the register of deeds seal for the property.
(c) Recorded environmental use controls established pursuant to this act shall be enforceable as set forth in K.S.A. 65-1,229, and amendments thereto.
History:
L. 2003, ch. 130, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,227 Same; term; removal or expiration; modification; liability.

65-1,227.
Same; term; removal or expiration; modification; liability.
(a) An environmental use control may be granted either in perpetuity or for a term of years, as determined by the department. An environmental use control may not be approved for a term of years unless provisions are included that ensures the protection of human health and the environment beyond the expiration of the environmental use control. Upon expiration of the term if contamination remains above department standards, as set forth in the approved environmental use control, the department can require additional action.
(b) An environmental use control runs with the land and is binding on all successors in interest to property until the environmental use control is removed upon the department's approval or upon expiration of the term of the environmental use control.
(c) An environmental use control shall be removed if the property owner demonstrates to the department's satisfaction that the original risk to human health or the environment which created the need for the control is no longer present. An owner must submit a request to the department for approval to remove all or a portion of the environmental use controls from the property. The department shall review the request and provide the owner with the department's decision to approve or deny the request within 120 days after the department's receipt of the request. If the department denies the request, justification shall be provided to the owner with a written explanation of the denial, which may include that the applicant has not provided the documentation to demonstrate that the request is protective of human health and the environment, as determined by the department.
(d) If the department approves an owner's request to remove all or a portion of environmental use controls, the owner shall file the approval with the register of deeds in the county where the property is located.
(e) An environmental use control may not be extinguished, limited or impaired through adverse possession, abandonment, waiver, lack of enforcement or other common law principles relating to covenants or by the exercise of eminent domain.
(f) An environmental use control may be modified by mutual written agreement by the property owner and the department.
(g) The department shall not acquire any liability by virtue of approving an environmental use control or by approving removal of all or a portion of environmental use controls.
History:
L. 2003, ch. 130, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,228 Same; restrictions or prohibitions.

65-1,228.
Same; restrictions or prohibitions.
(a) An environmental use control pursuant to this act may restrict or prohibit the activities at or uses of property. The restrictions imposed shall be those agreed to by the applicant and deemed necessary by the department to protect the public from exposures to contaminants which remain at the property.
(b) An environmental use control pursuant to this act may include or require the following:
(1) Prompt notification to the department of any transfer of the property, such notice to be given by the transferor;
(2) prompt notification to the department of any change in use of the property, such notice to be given by the property owner;
(3) maintenance of protective structures or remedial systems at the property, such as soil caps, soil covers, soil surfaces, berms, drainage structures, vegetation, monitoring wells or other structures or systems;
(4) access to the property by agents of the department as necessary to inspect and monitor remediation activities, monitoring wells, surface streams and protective structures or remedial systems and to ensure implementation and enforcement of the requirements, restrictions and other limitations of the environmental use controls;
(5) any other obligations necessary to reduce or eliminate risks or threats to human health and the environment from the property; or
(6) a one-time payment or long term care agreement to provide funding for environmental use control oversight.
(c) Restrictions, prohibitions and zoning requirements placed on property by a local or state government may be substituted in place of an environmental use control. Such restrictions, prohibitions and zoning requirements may be utilized in addition with any environmental use controls approved by the department. This provision does not grant or expand authority of local government to restrict, prohibit, zone or regulate land.
(d) All interests not limited by the environmental use control shall remain with the owner.
History:
L. 2003, ch. 130, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,229 Same; enforcement.

65-1,229.
Same; enforcement.
(a) Upon receipt of information that approved environmental use controls are not being implemented in accordance with an approved environmental use control agreement or that property subject to an approved environmental control presents a hazard to human health or the environment, the secretary may take such actions as may be necessary to protect human health or the environment. The action the secretary may take shall include, but not be limited to:
(1) Issuing an order directing the owner of the subject property to take such steps as are necessary to correct any deficiencies and fully implement the approved environmental use controls.
(2) Issuing an order retracting the approval of the remedial action for the subject property, which included the environmental use control as part of the remedy and require the owner of the property to implement remediation of the property to a cleanup standard which will allow for unrestricted use of the property.
(3) For category 3 property as described in subsection (c)(3) of K.S.A. 65-1,226, and amendments thereto, commencing an action enjoining acts or practices set forth in the approved environmental use controls or requesting that the attorney general or appropriate district or county attorney commence an action to enjoin such actions which result in approved environmental use controls not being implemented or not being fully or properly implemented or which present substantial and imminent threat or hazard to human health or the environment.
(b) Any order of the secretary pursuant to subsection (a)(1) or (a)(2) is subject to hearing and review in accordance with K.S.A. 65-1,234, and amendments thereto.
(c) An environmental use control may not be separated from the property and survives foreclosure of a mortgage, lien or other encumbrance, as well as tax sales and the issuance of a tax deed.
History:
L. 2003, ch. 130, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,230 Same; department oversight and tracking.

65-1,230.
Same; department oversight and tracking.
(a) The department shall provide oversight of the environmental use control for property to ensure that the property is being used only for the purposes permitted by the terms of the environmental use control agreement and is not being used in a manner that is prohibited or restricted by the terms of the agreement.
(b) The department shall develop and maintain an environmental use control tracking system on all approved environmental use controls. The tracking system data shall be made available to the public in a manner which allows review by either city or county and shall include the following:
(1) Name of the property;
(2) address of the property, including the city and county;
(3) legal description of the property;
(4) cause and type of the environmental contamination;
(5) description of the environmental use control; and
(6) duration of the environmental use control.
History:
L. 2003, ch. 130, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,231 Environmental use control fund.

65-1,231.
Environmental use control fund.
(a) There is established in the state treasury the environmental use control fund. Moneys from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Moneys collected from the environmental use control one-time payments and long term care agreement reimbursements;
(2) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for purposes of the fund; and
(3) interest attributable to the investment of moneys in the fund.
(b) Moneys in the environmental use control fund shall be expended only for costs of:
(1) Review of environmental use control applications;
(2) oversight of remedial projects which include an environmental use control as an element of their remedy, including inspections, monitoring and tracking of the environmental use control;
(3) activities performed by the department to address immediate or emergency threats to human health or the environment related to properties subject to environmental use controls;
(4) development, operation and maintenance of the environmental use control tracking system; and
(5) administration and enforcement of the provisions of this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the environmental use control fund interest earnings based on:
(1) The average daily balance of moneys in the environmental use control fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the environmental use control 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 secretary or the secretary's designee for purposes set forth in this section.
History:
L. 2003, ch. 130, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,233 Publication of approved use controls.

65-1,233.
Publication of approved use controls.
The department shall publish annually in the Kansas register a summary of the number of approved environmental use control agreements pursuant to this act.
History:
L. 2003, ch. 130, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,234 Review of agency actions.

65-1,234.
Review of agency actions.
Any person adversely affected by any order or decision of the secretary pursuant to this act, within 15 days after service of the order or decision, may request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 2003, ch. 130, § 14; L. 2010, ch. 17, § 118; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,235 Severability.

65-1,235.
Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 2003, ch. 130, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,241 Definitions; establishment of birth defects information system; aspects of implementation of system.

65-1,241.
Definitions; establishment of birth defects information system; aspects of implementation of system.
(a) As used in K.S.A. 65-1,241 through 65-1,246, and amendments thereto:
(1) "Department" means the department of health and environment.
(2) "Freestanding birthing center" means any facility in which child birth deliveries routinely occur.
(3) "Hospital" means a hospital classified under K.S.A. 65-425, and amendments thereto, as a general hospital.
(4) "Local health department" means any county, city-county or multi-county health department created under the laws of this state.
(5) "Physician" means a person licensed to practice medicine and surgery.
(6) "Secretary" means the secretary of health and environment.
(b) The secretary of health and environment shall establish and, if funds for this purpose are available, implement a statewide or pilot birth defects information system for the collection of information concerning congenital anomalies, stillbirths and abnormal conditions of newborns.
(c) If the system is implemented under subsection (b) of this section, all of the following apply:
(1) The secretary may require each physician, hospital and freestanding birthing center to report to the system information concerning all patients under five years of age with a primary diagnosis of a congenital anomaly or abnormal condition. The secretary shall not require a hospital, freestanding birthing center or physician to report to the system any information that is reported to the secretary or department of health and environment under another provision of law.
(2) On request, each physician, hospital and freestanding birthing center shall give the secretary or authorized employees of the department of health and environment access to the medical records of any patient described in subsection (c)(1) of this section. The department shall pay the costs of copying any medical records pursuant to this act.
(3) The secretary may review vital statistics records and shall consider expanding the list of congenital anomalies and abnormal conditions of newborns reported on birth certificates.
(d) A physician, hospital or freestanding birthing center that provides information to the system under subsection (c) shall not be subject to criminal or civil liability for providing the information.
History:
L. 2004, ch. 27, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,242 Use of birth defects information system.

65-1,242.
Use of birth defects information system.
The birth defects information system may be used for all of the following purposes:
(1) To identify and describe congenital anomalies, stillbirths and abnormal conditions of newborns;
(2) to detect trends and epidemics in congenital anomalies, stillbirths and abnormal conditions of newborns;
(3) to quantify morbidity and mortality of congenital anomalies and abnormal conditions of newborns;
(4) to stimulate epidemiological research regarding congenital anomalies, stillbirths and abnormal conditions of newborns;
(5) to identify risk factors for congenital anomalies, stillbirths and abnormal conditions of newborns;
(6) to facilitate intervention in and prevention of congenital anomalies, stillbirths and abnormal conditions of newborns;
(7) to facilitate access to treatment for congenital anomalies and abnormal conditions of newborns;
(8) to inform and educate the public about congenital anomalies, stillbirths and abnormal conditions of newborns.
History:
L. 2004, ch. 27, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,243 Confidentiality of records.

65-1,243.
Confidentiality of records.
(a) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to K.S.A. 65-1,241, and amendments thereto, are confidential medical records. All medical records reviewed and maintained by the department pursuant to this section shall be kept confidential and shall not be disclosed except upon the order of a court of competent jurisdiction and shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil matter.
(b) The secretary may use information assembled by the system to notify parents, guardians and custodians of children with congenital anomalies or abnormal conditions of medical care and other services available for the child and family.
(c) The secretary may disclose information assembled by the system in summary, statistical or other form that does not identify particular individuals or individual sources of information.
History:
L. 2004, ch. 27, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,244 Removal of information from system; form.

65-1,244.
Removal of information from system; form.
A child's parent or legal guardian who wants information concerning the child removed from the birth defects information system shall request from the local health department or the child's physician a form prepared by the secretary. On request, a local health department or physician shall provide the form to the child's parent or legal guardian. The individual providing the form shall discuss with the child's parent or legal guardian the information contained in the system. If the child's parent or legal guardian signs the form, the local health department or physician shall forward it to the secretary. On receipt of the signed form, the secretary shall remove from the system any information that identifies the child.
History:
L. 2004, ch. 27, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,245 Rules and regulations.

65-1,245.
Rules and regulations.
Not later than 180 days after the effective date of this section, the secretary of health and environment shall adopt rules and regulations in accordance with the provisions of this act to do all of the following subject to available funding:
(a) Implement the birth defects information system;
(b) specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under K.S.A. 65-1,241, and amendments thereto;
(c) establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;
(d) establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local health departments and to physicians. The method of distribution must include making the form available on the internet.
History:
L. 2004, ch. 27, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,246 Annual report.

65-1,246. Annual report.
Three years after the date a birth defects information system is implemented pursuant to K.S.A. 65-1,241, and amendments thereto, and annually thereafter, the secretary shall prepare a report regarding the birth defects information system. The department shall file the report with the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, the Kansas department for aging and disability services and the departments of education and labor.
History:
L. 2004, ch. 27, § 6; L. 2014, ch. 115, § 246; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,247 Expedited processing and issuance of certain permits.

65-1,247.
Expedited processing and issuance of certain permits.
(a) The department of health and environment shall expedite processing and issuance of any permit required to be issued by the department for construction or operation of a refinery.
(b) As used in this section, "refinery" means an industrial process plant where crude oil is processed and refined into petroleum products.
History:
L. 2006, ch. 209, § 33; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,248 Breastfeeding; where.

65-1,248.
Breastfeeding; where.
(a) Breast milk is widely acknowledged to be the most complete form of nutrition for infants, with a range of benefits for infant's health, growth, immunity and development and has also been shown to improve maternal health and bonding in addition to contributing to society at large through economic and environmental gains, it is therefore the public policy of Kansas that a mother's choice to breastfeed should be supported and encouraged to the greatest extent possible.
(b) A mother may breastfeed in any place she has a right to be.
History: L. 2006, ch. 11, § 1; March 16.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,250 Umbilical cord donation information act.

65-1,250.
Umbilical cord donation information act.
(a) This section shall be cited as the umbilical cord donation information act.
(b) A health care provider providing health care services to a pregnant woman during the last trimester of such pregnancy, which health care services are directly related to such pregnancy, shall whenever practical advise such person of options to donate an umbilical cord following the delivery of a newborn child. Provision in a timely manner of information prepared by the department of health and environment pursuant to subsection (c) shall constitute compliance with this subsection.
(c) The department of health and environment shall, by July 1, 2007, prepare and make information available on its website that includes the following:
(1) The medical processes involved in the collection of umbilical cords;
(2) the medical risks to a mother and the newborn child of umbilical cord collection;
(3) the current and potential future medical uses and benefits of umbilical cord collection to the birth mother, the newborn child and the biological family;
(4) the current and potential future medical uses and benefits of umbilical cord collection to persons who are not biologically related to the birth mother or the newborn child;
(5) any costs that may be incurred by a pregnant woman who chooses to make an umbilical cord donation;
(6) options for ownership and future use of the donated material; and
(7) the availability in this state of umbilical cord donations.
History:
L. 2007, ch. 177, § 25; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,251 Influenza immunization for children; awareness and participation.

65-1,251. Influenza immunization for children; awareness and participation.
The department of health and environment shall work to increase influenza immunization awareness and participation among parents of children aged six months to five years in child care facilities. The official website of the department of health and environment shall have information on the benefits of annual immunization against influenza for children and its programs offered for the children. The department of health and environment shall cooperate with the department for aging and disability services in order to distribute the information to the parents and child care facilities effectively in August or September in every year.
History:
L. 2008, ch. 98, § 2; L. 2013, ch. 134, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,252 Division of health care finance; director; officers and employees.

65-1,252. Division of health care finance; director; officers and employees.
(a) There is hereby established, within the department of health and environment, the division of health care finance. The head of the division shall be director of health care finance, who shall be appointed by and serve at the pleasure of the secretary of health and environment. The director shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of health and environment and approved by the governor.
(b) (1) The secretary of health and environment shall appoint, in accordance with the provisions of the Kansas civil service act, such employees as may be needed, in the judgment of the secretary and director, to carry out the powers and duties of the division of health care finance.
(2) All officers and employees of the division of health care finance shall act for and exercise the powers of the director of health care finance to the extent that authority to do so is delegated by the secretary and director. Subject to the provisions of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, the secretary and director may organize the division of health care finance in the manner deemed most efficient.
History:
Executive Reorganization Order No. 38, § 1; L. 2011, ch. 134, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished.

65-1,253. Same; transfer of powers, duties and functions; Kansas health policy authority abolished.
(a) The Kansas health policy authority created by K.S.A. 75-7401, and amendments thereto, is hereby abolished.
(b) Except as otherwise provided by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, all powers, duties, and functions of the Kansas health policy authority under K.S.A. 75-7401 et seq., and amendments thereto, or any other statute, are hereby transferred to and imposed upon the department of health and environment and its division of health care finance and the secretary and the director of health care finance.
(c) Except as otherwise provided by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, all powers, duties, and functions of any state agency, department, board, commission or council, providing services and creating systems in order to comply with the provisions of the patient protection and affordable care act, Public Law 111-148, 124 Stat. 119 (2010), and the health care and education reconciliation act of 2010, Public Law 111-152, 124 Stat. 1029 (2010), are hereby transferred to and imposed upon the department of health and environment and its division of health care finance and the secretary and the director of health care finance or their designees.
History:
Executive Reorganization Order No. 38, § 2; L. 2011, ch. 134, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,255 Same; division successor to funds and liability.

65-1,255. Same; division successor to funds and liability.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the Kansas health policy authority or any state agency, department, board, commission or council, relating to the powers, duties and functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are hereby transferred within the state treasury to the department of health and environment for the division of health care finance and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the department of health and environment and its division of health care finance under K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall be assumed and paid by the division of health care finance of the department of health and environment.
History:
Executive Reorganization Order No. 38, § 4; L. 2011, ch. 134, § 4; July 1.