reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6823 Same; purpose.

65-6823. Same; purpose.
It is the purpose of this act to harmonize state law with the HIPAA privacy rule with respect to individual access to protected health information, proper safeguarding of protected health information, and the use and disclosure of protected health information for purposes of facilitating the development and use of health information technology and the sharing of health information electronically.
History:
L. 2011, ch. 114, § 23; L. 2013, ch. 112, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6824 Same; duties of covered entity.

65-6824. Same; duties of covered entity.
(a) A covered entity shall provide an individual or such individual's personal representative with access to the individual's protected health information maintained, collected, used or disseminated by or for the covered entity in compliance with 45 C.F.R. § 164.524, except that a covered entity which is defined as a health care provider under K.S.A. 65-6836, and amendments thereto, shall furnish copies of health care records to a patient, a patient's authorized representative or any other person or entity authorized by law to obtain or reproduce such records in accordance with the provisions of K.S.A. 65-6836, and amendments thereto.
(b) A covered entity shall implement and maintain appropriate administrative, technical and physical safeguards to protect the privacy of protected health information in a manner consistent with 45 C.F.R. § 164.530(c).
History:
L. 2011, ch. 114, § 24; L. 2013, ch. 112, § 11; L. 2015, ch. 46, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6825 Same; use and disclosure of protected health information.

65-6825. Same; use and disclosure of protected health information.
(a) No covered entity shall use or disclose protected health information except as follows:
(1) In a manner consistent with an authorization that satisfies the requirements of 45 C.F.R. § 164.508;
(2) in a manner as permitted under 45 C.F.R. §§ 164.502, 164.506, 164.508, 164.510 and 164.512; or
(3) in a manner as required under 45 C.F.R. § 164.502.
(b) A covered entity may disclose an individual's protected health information to a health information organization without an authorization if such covered entity:
(1) Is a party to a current participation agreement with an approved health information organization at the time the disclosure is made;
(2) discloses the individual's protected health information to that approved health information organization in a manner consistent with the established procedures of the approved health information organization; and
(3) furnishes to the individual, or such individual's personal representative, whose information is to be disclosed to the approved health information organization, the notice required under K.S.A. 65-6832, and amendments thereto.
(c) A covered entity that uses or discloses protected health information in compliance with this section shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure.
History:
L. 2011, ch. 114, § 25; L. 2013, ch. 112, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6828 Same; controlling law on confidentiality of protected health information.

65-6828. Same; controlling law on confidentiality of protected health information.
To the extent any provision of state law regarding the confidentiality, privacy, security or privileged status of any protected health information conflicts with, is contrary to, or more stringent than the provisions of this act, the provisions of this act shall control, except that: (a) Nothing in this act shall limit or restrict the effect and application of the peer review statute, K.S.A. 65-4915, and amendments thereto; the risk management statute, K.S.A. 65-4921 through 65-4930, and amendments thereto; or any statutory health care provider-patient evidentiary privilege applicable to a judicial or administrative proceeding; and
(b) nothing in this act shall limit or restrict the ability of any state agency to require the disclosure of protected health information by any person or entity pursuant to law.
History:
L. 2011, ch. 114, § 28; L. 2012, ch. 117, § 1; L. 2013, ch. 112, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6829 Same; disclosure of protected health information, when required or permitted.

65-6829. Same; disclosure of protected health information, when required or permitted.
A covered entity may disclose protected health information without authorization to any state agency for any public health purpose that is required by law. Nothing in this act shall be construed to limit the use, transfer or disclosure of protected health information as required or permitted by any other provision of law for public health purposes.
History:
L. 2011, ch. 114, § 29; L. 2013, ch. 112, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6830 Same; health information organizations; standards for approval and operation.

65-6830. Same; health information organizations; standards for approval and operation.
(a) The department shall establish and revise, as appropriate, standards for the approval and operation of statewide and regional health information organizations operating in the state as approved health information organizations including, but not limited to, the following:
(1) Adherence to nationally recognized standards for interoperability, that is, the capacity of two or more information systems to share information or data in an accurate, effective, secure and consistent manner;
(2) adoption and adherence to rules promulgated by the department regarding access to and use and disclosure of protected health information maintained by or on an approved health information organization;
(3) demonstration of adequate financial resources to sustain continued operations in compliance with the standards;
(4) participation in outreach activities for individuals and covered entities;
(5) conduct of operations in a transparent manner to promote consumer confidence;
(6) implementation of security breach notification procedures; and
(7) development of procedures for entering into and enforcing the terms of participation agreements with covered entities which satisfy the requirements established by the department pursuant to K.S.A. 65-6832, and amendments thereto.
(b) The department shall ensure that approved health information organizations operate within the state in a manner consistent with the protection of the security and privacy of health information of the citizens of Kansas.
(c) No expenditure shall be made from the state general fund for the purposes of administration, operation or oversight of the health information organizations defined in K.S.A. 65-6821, and amendments thereto, except that the secretary of health and environment may make operational expenditures for the purpose of adopting and administering the rules and regulations necessary to implement the Kansas health information technology act.
History:
L. 2011, ch. 114, § 30; L. 2013, ch. 112, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6831 Same; process established for approval and investigation of HIOs.

65-6831. Same; process established for approval and investigation of HIOs.
The department shall establish and implement:
(a) A process by which a health information organization may apply for and receive a certificate of authority issued by the department by demonstrating compliance with the standards promulgated by the department pursuant to K.S.A. 65-6830, and amendments thereto;
(b) a process by which an approved health information organization shall be re-approved on appropriate intervals by demonstrating continued compliance with the standards promulgated by the department pursuant to K.S.A. 65-6830, and amendments thereto; and
(c) a process for the investigation of reported concerns and complaints regarding an approved health information organization and imposition of appropriate remedial and proactive measures to address any identified deficiencies.
History:
L. 2011, ch. 114, § 31; L. 2013, ch. 112, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6833 Same; health information organizations; eligibility for financial support from the state.

65-6833. Same; health information organizations; eligibility for financial support from the state.
Any health information organization which is not an approved health information organization shall not be eligible for any financial support from the state, or assistance or support from the state in securing any other source of funding.
History:
L. 2011, ch. 114, § 33; L. 2013, ch. 112, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 68 - Health Care Data › 65-6834 Same; use and disclosure of protected health information; immunity from liability.

65-6834. Same; use and disclosure of protected health information; immunity from liability.
(a) No use or disclosure of protected health information maintained by or on an approved health information organization shall be made except pursuant to rules and regulations adopted by the department consistent with this act. An approved health information organization that uses or discloses protected health information in compliance with such rules shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure.
(b) Protected health information in the possession of an approved health information organization shall not be subject to discovery, subpoena or other means of legal compulsion for the release of such protected health information to any person or entity. An approved health information organization shall not be compelled by a request for production, subpoena, court order or otherwise, to disclose protected health information relating to an individual.
History:
L. 2011, ch. 114, § 34; L. 2013, ch. 112, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6901 Citation of act.

65-6901.
Citation of act.
K.S.A. 65-6901 through 65-6914 shall be known and may be cited as the athletic trainers licensure act.
History:
L. 1995, ch. 146, § 1; L. 2004, ch. 24, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6902 Definitions.

65-6902.
Definitions.
As used in this act:
(a) "Board" means the state board of healing arts.
(b) "Athletic training" means the practice of injury prevention, physical evaluation, emergency care and referral or physical reconditioning relating to athletic activity.
(c) "Athletic trainer" means a person licensed under this act.
History:
L. 1995, ch. 146, § 2; L. 2004, ch. 24, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6903 Unlawful representations; penalty for violation.

65-6903.
Unlawful representations; penalty for violation.
(a) It shall be unlawful for any person who is not licensed under this act as an athletic trainer or whose license has been suspended or revoked to use, in connection with such person's name or place of business, the words: "Athletic trainer" or "athletic trainer licensed" or "licensed athletic trainer" or "certified athletic trainer" or the letters "A.T." or "A.T.L.," "L.A.T." or "ATC," or any other words, letters, abbreviations or insignia indicating or implying that such person is an athletic trainer or who in any way, orally, in writing, in print or by sign, directly or by implication represents oneself as an athletic trainer.
(b) Any violation of this section shall constitute a class B nonperson misdemeanor.
History:
L. 1995, ch. 146, § 3; L. 2004, ch. 24, § 3; L. 2008, ch. 32, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6904 Unlicensed practice of healing arts not authorized.

65-6904.
Unlicensed practice of healing arts not authorized.
Nothing in this act shall be construed to authorize the unlicensed practice of the healing arts by any person licensed under this act.
History:
L. 1995, ch. 146, § 4; L. 2004, ch. 24, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6905 State board of healing arts to administer act; rules and regulations, registry.

65-6905.
State board of healing arts to administer act; rules and regulations, registry.
(a) The board, in the manner hereinafter provided, shall administer the provisions of this act.
(b) The board may adopt rules and regulations consistent with the provisions of this act for the administration and enforcement for this act and may prescribe forms which shall be issued in the administration of this act. The rules and regulations shall include standards for approval of an educational course of study and clinical experience, continuing education criteria, practice protocols, criteria for licensure procedures for the examination of applicants, and for professional conduct and discipline.
(c) The board shall maintain a registry of names and addresses of all individuals who are currently licensed under the athletic trainers licensure act.
History:
L. 1995, ch. 146, § 5; L. 2004, ch. 24, § 5; L. 2008, ch. 32, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6907 Qualifications for licensure.

65-6907.
Qualifications for licensure.
An applicant for licensure as an athletic trainer shall give proof that the applicant has:
(a) Received a baccalaureate or post-baccalaureate degree with a major course of study in an athletic training curriculum approved by the board; and
(b) passed an examination in athletic training approved by the board.
History:
L. 1995, ch. 146, § 7; L. 2004, ch. 24, § 7; L. 2008, ch. 32, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6908 Contracts to obtain information about courses of study and clinical experience.

65-6908.
Contracts to obtain information about courses of study and clinical experience.
The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about courses of study and clinical experience to be approved by the board under K.S.A. 65-6907 and amendments thereto.
History:
L. 1995, ch. 146, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6910 Fees.

65-6910. 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 and license fee based upon certificate of prior examination, not more than    $80
Annual renewal fee, not more than    $70
Additional renewal fee, not more than    $75
Reinstatement fee, not more than    $80
Certified copy of license, not more than    $15
Temporary permit    $25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the athletic trainers licensure act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination and its administration. If the examination is not administered by the board, the board may require that fees paid for any examination under the athletic trainers licensure act be paid directly to the examination service by the person taking the examination.
(c) The board shall remit all moneys received 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. 1995, ch. 146, § 10; L. 1997, ch. 94, § 6; L. 2001, ch. 5, § 271; L. 2004, ch. 24, § 9; L. 2008, ch. 32, § 6; L. 2011, ch. 53, § 37; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6911 Denial, suspension, limitation, refusal to renew, probation, reprimand or revocation of a license; grounds.

65-6911.
Denial, suspension, limitation, refusal to renew, probation, reprimand or revocation of a license; grounds.
(a) The board may deny, suspend, limit, refuse to renew, place on probation, reprimand or revoke any license granted under the athletic trainers licensure act or take other disciplinary action as the board may deem proper for any of the following reasons:
(1) Use of drugs or alcohol, or both, to an extent that impairs the individual's ability to engage in athletic training;
(2) the individual has been convicted of a felony and, after investigation, the board finds that the individual has not been sufficiently rehabilitated to merit the public trust;
(3) use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of the athletic trainers licensure act or in obtaining permission to take any examination given or required pursuant to the provisions of the athletic trainers licensure act;
(4) obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
(5) incompetence, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of an athletic trainer;
(6) violation of, or assisting or enabling any individual to violate, any provision of this act or any rule and regulation adopted under such act;
(7) impersonation of any individual holding a license under the athletic trainers licensure act;
(8) negligent or intentional violation of the provisions of this act or the rules and regulations adopted under this act;
(9) violation of any professional trust or confidence; and
(10) the individual has committed unprofessional conduct as defined by rules and regulations adopted by the board.
(b) Any action authorized by this section shall be taken in accordance with the Kansas administrative procedure act.
History:
L. 1995, ch. 146, § 11; L. 2004, ch. 24, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6912 Athletic trainers council established; appointment; terms; compensation.

65-6912.
Athletic trainers council established; appointment; terms; compensation.
(a) There is hereby established an athletic trainers council to advise the board in carrying out the provisions of this act. The council shall consist of five members, all residents of the state of Kansas appointed as follows: One member shall be a licensee of the board, appointed by the board, who has entered into a practice protocol with an athletic trainer; one member shall be the president of the board or a board member designated by the president; and three members shall be athletic trainers appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas.
(b) 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 athletic trainers' society shall recommend the names of athletic trainers 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.
(c) 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 and qualified except that of the members first appointed by the governor one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. 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.
(d) 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. 1995, ch. 146, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6913 Injunction.

65-6913.
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. 1995, ch. 146, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 69 - Athletic Trainers › 65-6914 Severability.

65-6914.
Severability.
If any section of this act, or any part thereof, is adjudged to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History:
L. 1995, ch. 146, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7001 Citation of act.

65-7001.
Citation of act.
K.S.A. 65-7001 through 65-7015, and amendments thereto, shall be known and may be cited as the sheriff Matt Samuels chemical control act.
History:
L. 1999, ch. 170, § 7; L. 2005, ch. 153, § 8; April 21.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7002 Purpose of act.

65-7002.
Purpose of act.
The purpose of the Kansas chemical control act is to prevent the illegal diversion of precursor chemicals by creating a system which will provide information regarding the distribution of regulated chemicals while protecting legitimate uses.
History:
L. 1999, ch. 170, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7004 Application of act.

65-7004.
Application of act.
The provisions of this act shall not apply to: (a) A distribution of a regulated chemical to or by a common carrier for carriage in the lawful and usual course of the business of the common carrier, or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman;
(b) the lawful administering or dispensing of a regulated chemical by a licensed practitioner in the course of professional practice or research;
(c) the purchase, distribution or possession of a regulated chemical by a local, state or federal law enforcement agency while in the discharge of official duties unless the Kansas bureau of investigation properly notifies the local law enforcement agency relying on the exclusion that its investigatory activities are contrary to the public interest; or
(d) products containing ephedra or ma huang, which do not contain any chemically synthesized ephedrine alkaloids, and are lawfully marketed as dietary supplements under federal law.
History:
L. 1999, ch. 170, § 10; L. 2003, ch. 124, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7005 Secretary; powers and duties; director; powers and duties.

65-7005.
Secretary; powers and duties; director; powers and duties.
(a) The secretary is authorized and directed to:
(1) Adopt such rules and regulations, standards and procedures as may be necessary to carry out the purposes and provisions of this act;
(2) expend and authorize the expenditure of moneys from the chemical control act fund;
(3) report to the legislature on further assistance needed to administer the chemical control program;
(4) administer the chemical control program pursuant to provisions of this act;
(5) cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the duties under this act;
(6) issue such orders necessary to implement the provisions of this act, and enforce the same by all appropriate administrative and judicial proceedings;
(7) collect and disseminate information and conduct educational and training programs relating to the chemical control program;
(8) accept, receive and administer grants or other funds or gifts from public and private entities, including the federal government, for the purpose of carrying out the provisions of this act;
(9) enter into contracts and agreements with the director of the Kansas bureau of investigation, other government agencies or private entities as necessary to carry out the provisions of this act; and
(10) examine and copy records and other information.
(b) The secretary may request the attorney general to bring an action in district court to seize property contaminated with chemicals for purposes of disposal or to enforce any other provision of this act.
(c) The director is authorized to: (1) Provide investigative assistance to the department of health and environment when requested by the secretary or the secretary's duly authorized agent;
(2) conduct civil actions necessary to seize chemicals or chemical-contaminated materials from alleged illegal drug manufacturing sites or to gain access to illegal drug manufacturing sites;
(3) serve as the single point of contact for screening alleged illegal drug manufacturing sites to determine if clean up or evaluation by a local health officer or the secretary is necessary;
(4) serve as the contact agency for conducting any clean up action necessary at an alleged illegal drug manufacturing site where the removal of floors, walls, furniture or soil is not required and where the contamination of groundwater has not occurred; and
(5) enter into any agreements with the secretary necessary to carry out the provisions of this act.
History:
L. 1999, ch. 170, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7007 Regulated chemical distributor and retailer; submissions to bureau.

65-7007. Regulated chemical distributor and retailer; submissions to bureau.
(a) Each regulated chemical distributor and retailer shall submit to the bureau:
(1) Any regulated transaction involving an extraordinary quantity of a regulated chemical, an uncommon method of payment or delivery, or any other circumstance that may indicate that the regulated chemical will be used in violation of this act.
(2) Any proposed regulated transaction with a person whose description or other identifying characteristic the bureau has previously furnished to the regulated chemical distributor or retailer.
(3) Any unusual or excessive loss or disappearance of a regulated chemical under the control of the regulated chemical distributor or retailer. The regulated person responsible for reporting a loss in-transit is the distributor.
(b) Each report submitted pursuant to subsection (a), whenever possible shall be made orally to the bureau at the earliest practicable opportunity after the regulated chemical distributor or retailer becomes aware of the circumstances involved and as much in advance of the conclusion of the transaction as possible. Written reports of these transactions shall subsequently be filed within 15 days after the regulated chemical distributor or retailer becomes aware of the circumstances of the event. A transaction may not be completed with a person whose description or identifying characteristics have previously been furnished to the regulated distributor by the bureau unless the transaction is approved by the bureau.
(c) This section shall not apply to any of the following:
(1) Any pharmacist, pharmacy or other authorized person who sells or furnishes a substance listed in K.S.A. 65-7003(1), and amendments thereto, upon the prescription or order of a practitioner as defined under K.S.A. 65-1626, and amendments thereto;
(2) any practitioner as defined under K.S.A. 65-1626, and amendments thereto, who administers, dispenses or furnishes a substance listed in K.S.A. 65-7003(1), and amendments thereto, to such patients within the scope of a practitioner's professional practice. Such administration or dispensing shall be in the patient record;
(3) any sale, transfer, furnishing or receipt of any drug that contains any substance listed in K.S.A. 65-7003(1), and amendments thereto, and that is lawfully sold, transferred or furnished over-the-counter without a prescription pursuant to the federal food, drug and cosmetic act or regulations adopted thereunder; and
(4) a regulated chemical retailer who only sells or distributes regulated chemicals that are nonprescription, over-the-counter medicines with less than three grams of base ingredient in the package in the following manner:
(A) Blister packs of not more than two dosage units per blister;
(B) liquid cold or cough medicines;
(C) liquid cold or cough gel capsules; and
(D) nasal drops or sprays.
History:
L. 1999, ch. 170, § 13; L. 2017, ch. 34, § 23; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7008 Information program for retailers.

65-7008.
Information program for retailers.
The bureau shall develop and maintain a program to inform retailers about the methamphetamine problem in Kansas and devise procedures and forms for retailers to use in reporting to the bureau suspicious purchases, thefts or other transactions involving any products under the retailer's control which contain a regulated chemical under the provisions of this act including, but not limited to, nonprescription, over-the-counter medicines described in subsection (c)(4) of K.S.A. 65-7007 and amendments thereto. Reporting by retailers as required by this section shall be voluntary. Retailers reporting information to the bureau in good faith pursuant to this section shall be immune from civil liability.
History:
L. 1999, ch. 170, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7009 Orders subject to Kansas administrative procedure act; final action subject to Kansas judicial review act.

65-7009.
Orders subject to Kansas administrative procedure act; final action subject to Kansas judicial review act.
(a) Any order of the secretary issued pursuant to this act is subject to the provisions of the Kansas administrative procedure act.
(b) Any final action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1999, ch. 170, § 15; L. 2010, ch. 17, § 169; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7010 Civil penalties.

65-7010.
Civil penalties.
(a) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of this act may impose a penalty not to exceed $25,000 which shall constitute an actual and substantial economic deterrent to the violation for which it is assessed and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after notice of violation and opportunity for hearing upon the written order of the secretary or the director of the division of environment, if designated by the secretary, to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to appeal to the secretary for a hearing thereon. Any person may appeal an order by making a written request to the secretary for a hearing within 15 days of service of such order. Proceedings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) Any sum assessed under this section shall be deposited in the chemical control fund.
(d) Any final action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1999, ch. 170, § 16; L. 2010, ch. 17, § 170; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7011 Liability; cleanup.

65-7011.
Liability; cleanup.
(a) A person who violates any provisions of this act, shall, in addition to any other penalty provided by law, be liable for detection and investigation costs, the costs of the actual cleanup or attempted cleanup and for damages for injury to, or both, or destruction of any natural resources caused by chemicals at the site.
(b) A civil action under this section may be commenced in the name of the state by the attorney general in the county in which the violation is alleged to have occurred.
(c) Any sum assessed under this section shall be deposited in the chemical control fund.
History:
L. 1999, ch. 170, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7012 Chemical control fund; revenues; expenditures.

65-7012.
Chemical control fund; revenues; expenditures.
(a) There is established a fund in the treasury entitled the chemical control fund.
(b) Revenues from the following sources shall be deposited in the state treasury and credited to the fund: (1) Moneys received by the secretary in the form of grants, gifts, bequests, reimbursements, or appropriations from any source intended to be used for the purposes of the fund;
(2) interest attributable to the investment of moneys in the fund; and
(3) moneys collected under K.S.A. 65-7010 and 65-7011 and amendments thereto.
(c) Moneys in the chemical control fund can only be expended directly or through contracts for the costs of: (1) Administration and enforcement of the provisions of this act;
(2) contracting for services needed to supplement the department's staff in alleged illegal drug manufacturing site clean ups;
(3) consultation needed concerning alleged illegal drug manufacturing site clean ups;
(4) activities to address immediate or emergency threats to human health or the environment related to alleged illegal drug manufacturing sites; and
(5) development of educational materials and programs for informing the regulated community and the public about illegal drug manufacturing issues.
(d) On or before the 10th of each month following the month in which moneys are deposited into the chemical control fund, and thereafter on or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the chemical control fund interest earnings based upon: (1) The average daily balance of moneys in the chemical control fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) 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.
(f) Moneys from the fund shall not supplant any other local, state or federal funds unless the secretary finds that it is in the best interests of the state to supplant such other funds and to make expenditures from the fund in a more timely manner to investigate or clean up chemicals, chemical-contaminated materials, soil or groundwater resulting from an alleged illegal drug manufacturing site or an arrest made pursuant to the Kansas chemical control act, to conduct any other clean up action necessary at an alleged illegal drug manufacturing site, or to abate any imminent and substantial danger to public health or safety or to the environment related to a release from an illegal drug manufacturing site.
History:
L. 1999, ch. 170, § 18; L. 2001, ch. 156, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7014 Seizure and forfeiture.

65-7014.
Seizure and forfeiture.
(a) All regulated chemicals which have been or are intended to be manufactured, provided, sold, furnished, transferred, delivered, or possessed in violation of this act shall be deemed contraband, and may be seized and summarily forfeited to the state.
(b) A violation of this act shall constitute conduct giving rise to forfeiture pursuant to the Kansas standard asset forfeiture act K.S.A. 60-4101 et seq. and amendments thereto. When property is forfeited pursuant to a violation of the Kansas chemical control act, the department shall sell all property not destroyed pursuant to subsection (a)(2) of K.S.A. 60-4117 and amendments thereto at public sale to the highest bidder for cash without appraisal. The proceeds of any sale shall be credited to the cleanup account which is hereby created in the chemical control fund. Moneys in such account can only be expended directly or through contracts for the costs of drug manufacturing site clean ups.
History:
L. 1999, ch. 170, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 70 - Chemical Control › 65-7015 Severability clause.

65-7015.
Severability clause.
If any provisions of this act or its application to any person or circumstances are held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1999, ch. 170, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 71 - Assistive Device Individual Development Account Program › 65-7101 Assistive device individual development account program; citation of act.

65-7101.
Assistive device individual development account program; citation of act.
The provisions of K.S.A. 65-7101 through 65-7107 of this act shall be known and may be cited as the individual development account program for assistive technology.
History:
L. 2001, ch. 176, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 71 - Assistive Device Individual Development Account Program › 65-7102 Same; definitions.

65-7102.
Same; definitions.
As used in this act:
(a) "Account holder" means a person who is the owner of an individual development account.
(b) "Assistive technology" means any item, piece of equipment or product system, whether acquired commercially, off the shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities.
(c) "Community-based organization" means any nonprofit or charitable association that is approved by the institute to implement the individual development account reserve fund.
(d) "Institute" means the Schiefelbusch institute for life span studies of the university of Kansas.
(e) "Federal poverty level" means the most recent poverty income guidelines published in the calendar year by the United States department of health and human services.
(f) "Financial institution" means any bank, trust company, savings bank, credit union or savings and loan association or any other financial institution regulated by the state of Kansas, any agency of the United States or other state with an office in Kansas which is approved by the institute to create and manage the necessary financial instruments setting up individual development accounts for eligible families or individuals to implement this program.
(g) "Individual development account" means a financial instrument established in K.S.A. 65-7103, and amendments thereto.
(h) "Individual development account reserve fund" means the fund created by an approved community-based organization for the purposes of funding the costs incurred in the administration of the program by the financial institutions and the community-based organizations and for providing matching funds for moneys in individual development accounts. Such fund may include federal grant moneys.
(i) "Matching funds" means the moneys designated for contribution from an individual development account reserve fund to an individual development account by a community-based organization at a one-to-one ratio up to a three-to-one match.
(j) "Program" means the Kansas individual development account program established in K.S.A. 65-7101 through 65-7107, and amendments thereto.
(k) "Program contributor" means a person or entity who makes a contribution to an individual development account reserve fund.
History:
L. 2001, ch. 176, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 71 - Assistive Device Individual Development Account Program › 65-7104 Same; eligibility qualifications.

65-7104.
Same; eligibility qualifications.
A family or individual whose household income is less than or equal to 300% of the federal poverty level may open an individual development account for the purpose of accumulating and withdrawing moneys for specified expenditures. The account holder may withdraw moneys from the account on the approval of the community-based organization, without penalty, for expenditures for assistive technology.
History:
L. 2001, ch. 176, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 71 - Assistive Device Individual Development Account Program › 65-7105 Same; administration of accounts by financial institutions; duties.

65-7105.
Same; administration of accounts by financial institutions; duties.
(a) Financial institutions seeking to administer individual development accounts approved by the institute shall be permitted to establish individual development accounts pursuant to K.S.A. 65-7101 through 65-7107, and amendments thereto. The financial institution shall certify to the institute, on forms prescribed by the institute and accompanied by any documentation required by the institute, that such accounts have been established pursuant to this act and that deposits have been made on behalf of the account holder.
(b) A financial institution establishing an individual development account shall:
(1) Keep the account in the name of the account holder;
(2) permit deposits to be made in the account by the following, subject to the indicated conditions:
(A) The account holder; or
(B) a community-based organization on behalf of the account holder. Such a deposit may include moneys to match the account holder's deposits, up to a five to one match rate;
(3) require the account to earn at least the market rate of interest; and
(4) permit the account holder to withdraw moneys upon approval of a community-based organization from the account for the purpose as provided in K.S.A. 65-7104, and amendments thereto.
(c) The total of all deposits by the account holder into an individual development account in a calendar year shall not exceed $5,000. The total balance in an individual development account at any time shall not exceed $50,000.
History:
L. 2001, ch. 176, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 71 - Assistive Device Individual Development Account Program › 65-7106 Same; forfeiture of account matching moneys; when; transfer upon death.

65-7106.
Same; forfeiture of account matching moneys; when; transfer upon death.
(a) Account holders who withdraw moneys from an individual development account not in accordance with the provisions of K.S.A. 65-7104, and amendments thereto, shall forfeit all matching moneys in the account.
(b) All moneys forfeited by an account holder pursuant to subsection (a) shall be returned to the individual development account reserve fund of the contributing community-based organization.
(c) In the event of an account holder's death, the account, minus the match funds, may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change such beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the estate of the deceased beneficiary.
History:
L. 2001, ch. 176, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 71 - Assistive Device Individual Development Account Program › 65-7107 Assistive device individual development account program; income tax credit for contributions by corporations; limitations.

65-7107. Assistive device individual development account program; income tax credit for contributions by corporations; limitations.
(a) Appropriate state agencies are hereby directed to amend their state plans to protect the benefits of those receiving such benefits by adding language consistent with the following: Any funds in an individual development account, including accrued interest, shall be disregarded when determining eligibility to receive the amount of any public assistance or benefits.
(b) A program contributor shall be allowed a credit against state income tax imposed under the Kansas income tax act in an amount equal to 25% of the contribution amount.
(c) The institute shall verify all tax credit claims by contributors. The administration of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to the individual development account reserve fund for the calendar year. The institute shall determine the date by which such information shall be submitted to the institute by the local administrator. The institute shall submit verification of qualified tax credits pursuant to K.S.A. 65-7101 through 65-7107, and amendments thereto, to the department of revenue.
(d) The total tax credits authorized pursuant to this section shall not exceed $6,250 in any fiscal year.
(e) The provisions of this section shall be applicable to all taxable years commencing after December 31, 2002.
(f) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History:
L. 2001, ch. 176, § 7; L. 2012, ch. 135, § 3; January 1, 2013.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 72 - Naturopathic Doctors › 65-7201 Citation of act.

65-7201.
Citation of act.
K.S.A. 65-7201 to 65-7218, inclusive, and amendments thereto, shall be known and may be cited as the naturopathic doctor licensure act.
History:
L. 2002, ch. 203, § 20; L. 2010, ch. 126, § 1; January 1, 2011.