reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,159a Senator Stan Clark pregnancy maintenance initiative program; objectives; grants; annual report to legislature.

65-1,159a.
Senator Stan Clark pregnancy maintenance initiative program; objectives; grants; annual report to legislature.
(a) Subject to appropriations therefor, the secretary of health and environment shall create, develop and administer the Senator Stan Clark pregnancy maintenance initiative program the purpose for which is to award grants to not-for-profit organizations for programs that provide services for women which enable them to carry their pregnancies to term.
(b) The grants shall be awarded annually on a competitive basis in accordance with guidelines and criteria prescribed by rules and regulations adopted by the secretary of health and environment. Each grant shall be matched by the not-for-profit organization receiving the grant on the basis of $1 provided by the not-for-profit organization for each $1 provided under the grant for the program.
(c) Such grant services may include an array of social services relating to pregnancy maintenance. Such grant services shall provide: (1) That no individuals who are unable to pay may be denied the delivery or provision of pregnancy maintenance services; and (2) adoption services, education or information as a part of the program being provided to the individuals. No grant under the program shall be entered into with any group performing, promoting, referring for or educating in favor of abortion. No part of the grant moneys shall be used for any political purposes.
(d) The secretary of health and environment shall annually submit a report to the legislature at the beginning of the regular session of the legislature beginning in 2006 on the results and outcomes of such pregnancy maintenance programs.
(e) The secretary of health and environment shall develop a standard reporting form which shall collect the following information: Number of women utilizing pregnancy maintenance initiative services, percentage of funds used for pre-natal services and the percentage used for post-birth services, and number of women choosing adoption.
History:
L. 2005, ch. 147, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,160 Public awareness program on effects of tobacco, alcohol, drugs.

65-1,160.
Public awareness program on effects of tobacco, alcohol, drugs.
(a) The secretary of health and environment shall conduct an ongoing public awareness campaign directed to both men and women regarding the preconceptual and perinatal effects of the use of tobacco, the use of alcohol and the use of any controlled substance as defined in schedule I, II or III of the uniform controlled substances act for nonmedical purposes.
(b) This section shall take effect and be in force from and after January 1, 1993.
History:
L. 1992, ch. 294, § 2; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,161 Educational materials and guidance for health care providers; services available from local health departments; effects of tobacco, alcohol, drugs.

65-1,161.
Educational materials and guidance for health care providers; services available from local health departments; effects of tobacco, alcohol, drugs.
(a) The secretary of health and environment shall provide educational materials and guidance to health care professionals who provide health services to pregnant women for the purpose of assuring accurate and appropriate patient education. Such materials and guidance shall address the services which are available to pregnant women from local health departments and the perinatal effects of the use of tobacco, the use of alcohol and the use of any controlled substance as defined in schedule I, II or III of the uniform controlled substances act for nonmedical purposes.
(b) This section shall take effect and be in force from and after January 1, 1993.
History:
L. 1992, ch. 294, § 3; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,162 Educational program for health care providers regarding drugs.

65-1,162. Educational program for health care providers regarding drugs.
(a) The secretary of health and environment, in collaboration with the secretary for aging and disability services, shall provide an educational program to health care professionals who provide health care services to pregnant women for the purpose of:
(1) Assuring accurate and appropriate patient education regarding the effects of drugs on pregnancy and fetal outcome;
(2) taking accurate and complete drug histories;
(3) counseling techniques for drug abusing women to improve referral to and compliance with drug treatment programs; and
(4) other additional topics as deemed necessary.
(b) This section shall take effect and be in force from and after January 1, 1993.
History:
L. 1992, ch. 294, § 4; L. 2014, ch. 115, § 244; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse.

65-1,163.
Identification and referral of pregnant women at risk for prenatal substance abuse.
(a) The secretary of health and environment shall develop a risk assessment profile to assist health care providers screen pregnant women for prenatal substance abuse.
(b) Any health care provider who identifies a pregnant woman who is at risk for prenatal substance abuse may refer such woman with her consent to the local health department for service coordination by providing such woman's name to the local health department or the Kansas department of health and environment within five working days.
(c) There shall be no civil or criminal cause of action against a health care provider related to the rendering or failure to render any service under this section.
(d) Referral and associated documentation provided for in this section shall be confidential and shall not be used in any criminal prosecution.
(e) The consent required by subsection (b) shall be deemed a waiver of the physician-patient privilege solely for the purpose of making the report pursuant to subsection (b).
(f) This section shall take effect and be in force from and after January 1, 1993.
History:
L. 1992, ch. 294, § 5; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,164 Same; service coordination for woman and family.

65-1,164.
Same; service coordination for woman and family.
(a) Upon referral pursuant to subsection (b) of K.S.A. 65-1,163, the local health department shall offer service coordination to the pregnant woman and her family. The local health department shall coordinate social services, health care, mental health services and needed education and rehabilitation services. Service coordination shall be initiated within 72 hours of referral.
(b) This section shall take effect and be in force from and after January 1, 1993.
History:
L. 1992, ch. 294, § 6; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,165 Same; referred pregnant woman first priority user of treatment through the Kansas department for aging and disability services.

65-1,165. Same; referred pregnant woman first priority user of treatment through the Kansas department for aging and disability services.
A pregnant woman referred for substance abuse treatment shall be a first priority user of substance abuse treatment available through aging and disability services. All records and reports regarding such pregnant woman shall be kept confidential. The secretary for aging and disability services shall ensure that family oriented substance abuse treatment is available. Substance abuse treatment facilities which receive public funds shall not refuse to treat women solely because they are pregnant.
History:
L. 1992, ch. 294, § 7; L. 2014, ch. 115, § 245; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,166 Toll free information line.

65-1,166.
Toll free information line.
(a) The secretary of health and environment shall maintain a toll free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women.
(b) This section shall take effect and be in force from and after January 1, 1993.
History:
L. 1992, ch. 294, § 8; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,167 Construction of act.

65-1,167.
Construction of act.
This act [*] shall not be construed in any way to create any new programs.
History:
L. 1992, ch. 294, § 12; May 28.
* Act includes 65-1,159 through 65-1,167, 75-3717, 75-3721.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,168 Cancer registry; definitions.

65-1,168.
Cancer registry; definitions.
As used in this act:
(a) "Confidential data" means any data which permits the identification of individuals.
(b) "Health care provider" means a person licensed to practice medicine and surgery, a hospital or ambulatory surgery center, as defined in K.S.A. 65-425, and amendments thereto, a radiology oncology center, a person licensed to practice dentistry, as defined in K.S.A. 65-1422, and amendments thereto or a pathology laboratory.
(c) "Secretary" means the secretary of the department of health and environment.
History:
L. 1997, ch. 110, § 1; L. 2004, ch. 14, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,169 Same; collection of data; rules and regulations; reporting of cases.

65-1,169.
Same; collection of data; rules and regulations; reporting of cases.
(a) The secretary is hereby authorized to collect data pertaining to all cancers occurring in Kansas into a registry which shall be the cancer registry for the state of Kansas. The secretary shall adopt rules and regulations which use the most efficient, least intrusive means for collecting cancer data consistent with ensuring the quality, timeliness, completeness and confidentiality of the cancer registry. The rules and regulations shall specify who shall report, the data elements to be reported, timeliness of reporting and format for collecting and transmitting data to the registry.
(b) Health care providers, as defined in K.S.A. 65-1,168, and amendments thereto, and other individuals and entities specified in rules and regulations shall report to the registry each case diagnosed or treated unless exempted by statute or regulation within six months of the date of diagnosis.
History:
L. 1997, ch. 110, § 2; L. 2004, ch. 14, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,170 Same; uses of nonconfidential data.

65-1,170.
Same; uses of nonconfidential data.
Uses of registry data which are not confidential in nature include, but are not limited to:
(a) The production of statistical data which outline the frequency, distribution, severity at diagnosis, treatment and survival for each type of cancer;
(b) the design and implementation of cancer screening programs which have been demonstrated to decrease cancer mortality;
(c) assessing the cancer risk in the Kansas population;
(d) assessing the possible cancer risk of abortion;
(e) identifying previously unrecognized risk factors and causes of cancer;
(f) monitoring the potential health impact of environmental exposures;
(g) monitoring health care access and utilization and effectiveness of services for the prevention and treatment of cancer; and
(h) quantifying costs associated with cancer care.
History:
L. 1997, ch. 110, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,171 Same; confidential data; exceptions to prohibition on disclosure; data not subject to subpoena or open records act; storage of data.

65-1,171.
Same; confidential data; exceptions to prohibition on disclosure; data not subject to subpoena or open records act; storage of data.
The information contained on the cancer registry shall be confidential, shall not be disclosed except as provided in K.S.A. 65-1,172 and amendments thereto, shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding and shall not be subject to the provisions of the Kansas open records act. The secretary shall ensure that the confidentiality of any data collected which might be used to identify an individual with cancer or a health care provider is maintained. Storage of cancer data shall be in a manner which will protect all information which uniquely identifies individuals.
History:
L. 1997, ch. 110, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,172 Same; uses of confidential data.

65-1,172.
Same; uses of confidential data.
(a) Confidential data collected pursuant to this act shall be securely locked and used only for the following purposes:
(1) Ensuring the quality and completeness of the registry data.
(2) Investigating the nature and cause of abnormal clusterings of cancer and the possible cancer risk related to having an abortion.
(3) Offering through the personal physician, to persons with cancer, access to cancer diagnostics and treatments not available except through clinical trials. As long as such trials are conducted with the informed, written consent of the cancer patient, the confidential data is approved for release by the secretary for the purpose of such clinical trials and the clinical trials are approved by the clinical entity.
(4) Releasing data back to the institution or individual which reported cases as long as such release includes only those cases previously reported by the requesting institution or individual.
(5) As part of an exchange agreement with another state, confidential data collected on a resident of another state may be released to the cancer registry of that person's state of residence if that state has confidentiality requirements that provide assurance of protection of confidentiality equivalent to that provided by Kansas under this act.
(6) Releasing information upon consent, in writing, of the person who is the subject of the information, or if such person is under 18 years of age, by such person's parent or guardian.
(7) Follow up for public health purposes. With the approval of the health and environmental institutional review board as provided for in title 45, part 46 of the code of federal regulations, the secretary of health and environment or the secretary's designee, may contact individuals who are the subjects of the reports made pursuant to K.S.A. 65-1,169, and amendments thereto. The secretary shall inform such individuals that the participation in such projects is voluntary and may only be conducted with the written consent of the person who is the subject of the information or with the informed consent of a parent or legal guardian if the person is under 18 years of age. Informed consent is not required if the person who is the subject of the information is deceased.
(b) The secretary shall adopt rules and regulations to define who may be authorized to conduct such follow up studies and to develop criteria for obtaining informed consent.
History:
L. 1997, ch. 110, § 5; L. 2007, ch. 177, § 24; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,173 Same; panel to establish policies for release of nonconfidential data; release of statistical data.

65-1,173.
Same; panel to establish policies for release of nonconfidential data; release of statistical data.
The secretary shall designate a panel, including at least one physician licensed to practice medicine in Kansas and the registry director, which shall establish policies for release of nonconfidential data and shall review requests for the confidential registry data. No restrictions are placed on release of data which are statistical in nature.
History:
L. 1997, ch. 110, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,174 Same; immunity from civil or criminal liability for reporting; privilege under K.S.A. 60-427 not applicable to reports under this act; section not applicable to unauthorized disclosure due to gross negligence or willful misconduct.

65-1,174.
Same; immunity from civil or criminal liability for reporting; privilege under K.S.A. 60-427 not applicable to reports under this act; section not applicable to unauthorized disclosure due to gross negligence or willful misconduct.
Any health care provider, whether a person or institution, who reports cancer information to the registry in good faith and without malice, in accordance with the requirements of this statute, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such report. Notwithstanding K.S.A. 60-427 and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by this act by any health care provider. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
History: L. 1997, ch. 110, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,174a Cancer screening program.

65-1,174a.
Cancer screening program.
(a) The department of health and environment shall, subject to appropriations, establish a program to increase access to screenings for colon, breast, prostate and cervical cancer, to be used in conjunction with, but not limited to, rural health clinics and safety net clinics, the cost of which shall not exceed $1,500,000.
(b) The provisions of this section shall not take effect until July 1, 2008.
History:
L. 2008, ch. 164, § 20; May 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,175 Surface water quality standards; definitions.

65-1,175.
Surface water quality standards; definitions.
As used in this act, unless the context otherwise requires:
(a) "Department" means the department of health and environment.
(b) "Secretary" means the secretary of health and environment.
(c) "1994 surface water quality standards" means the Kansas surface water quality standards found at K.A.R. 28-16-28b et seq., as in effect August 29, 1994.
History:
L. 1997, ch. 148, § 1; May 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,180 Required distances from water.

65-1,180.
Required distances from water.
(a) The department shall not approve a permit for construction of a new swine facility or expansion of an existing swine facility unless the swine waste management system for the facility:
(1) Is located in such a manner as to prevent impairment of surface waters and groundwaters, except where consistent with the requirements of this section;
(2) is located outside any 100-year flood plain unless procedures and precautions are employed to flood-proof the facilities;
(3) except as provided by subsection (c), is located: (A) Not less than 500 feet from any surface water if the facility has an animal unit capacity of 3,725 or more; (B) not less than 250 feet from any surface water if the facility has an animal unit capacity of 1,000 to 3,724; or (C) not less than 100 feet from any surface water if the facility has an animal unit capacity of under 1,000;
(4) except as provided by subsection (d), is located not less than 250 feet from any private drinking water well that is in active use; and
(5) is located not less than 1,000 feet from any publicly owned drinking water well that is in active use.
(b) The separation distances required pursuant to subsection (a) shall not apply to:
(1) Any swine facility that, on the effective date of this act, holds a valid permit issued by the secretary;
(2) swine facilities for which an application has been received before the effective date of this act; or
(3) expansion of a swine facility if an application for the expansion has been received before the effective date of this act.
(c) The separation distances required by subsection (a)(3) shall not apply to any freshwater reservoir or farm pond that is privately owned if complete ownership of land bordering the reservoir or pond is under common private ownership. Such separation distances shall apply to any waters that flow from such reservoir or pond. The secretary shall have the authority provided by subsections (d) and (e) of K.S.A. 65-171d and amendments thereto with respect to any such reservoir or pond as necessary to protect the public health, the soils or waters of the state and wildlife.
(d) The separation distance required by subsection (a)(4) shall not apply to any private drinking water well that is located within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto but, if the facility has an animal unit capacity of 3,725 or more, the facility operator shall test waters from such well and annually report the test results to the department.
History:
L. 1998, ch. 143, § 4; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,183 Waste management system; standards for operators; failure or unplanned release.

65-1,183.
Waste management system; standards for operators; failure or unplanned release.
The secretary shall adopt rules and regulations establishing:
(a) Standards for training and certifying, and for periodic continuing education or recertification of, swine facility operators maintaining or supervising the swine waste management system of a swine facility that is required to have a permit; and
(b) procedures for notifying the department of failure of a swine waste retention lagoon or pond or any unplanned release of animal waste by a swine facility.
History:
L. 1998, ch. 143, § 7; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,184 Emergency response plan.

65-1,184.
Emergency response plan.
(a) The secretary shall establish by rules and regulations the circumstances under which a permitted swine facility shall be required to develop an emergency response plan.
(b) Each swine facility that is required to submit an emergency response plan shall maintain such plan:
(1) In a location at the facility that is readily accessible to all employees or contractors who are responsible for implementing the plan; and
(2) as otherwise required in K.S.A. 65-1,185 and amendments thereto.
(c) The operator of each swine facility that is required to submit an emergency response plan shall train, and keep current the training of, the employees and contractors who are responsible for implementing such plan.
(d) Each swine facility that is required to submit an emergency response plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
History:
L. 1998, ch. 143, § 8; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,185 Retention of facility's records and plans.

65-1,185.
Retention of facility's records and plans.
(a) Each swine facility that is required to have a permit shall keep all records and plans required by this act at the facility's site office in a manner that is accessible to inspection by authorized representatives of the department pursuant to K.S.A. 65-1,191 and amendments thereto.
(b) Each swine facility that is required to have a permit shall retain at the location required in subsection (a) the current and previous three years' versions of the records and plans required by this act.
History:
L. 1998, ch. 143, § 9; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,186 Facility operator; certification; responsibility for employee training.

65-1,186.
Facility operator; certification; responsibility for employee training.
(a) (1) As a condition of issuance of a permit for a swine facility that has an animal unit capacity of 1,000 or more, the operator of the facility shall be certified by the department, or by a third party approved by the department, as to the operator's knowledge of:
(A) Management of manure and wastewater;
(B) nutrient utilization planning and implementation;
(C) emergency response planning and implementation, if required; and
(D) the other requirements of this act.
(2) If the department has not established or sanctioned an operator certification program at the time that a swine facility applies for a permit, or if a vacancy occurs in a certified operator position, the department may issue a permit for the facility without the operator certificate, and the operator shall complete the certification program within six months after it is established or sanctioned.
(b) The operator of each swine facility shall be responsible for the training of employees or contractors required by subsection (f)(7)(A) of K.S.A. 65-1,182 and amendments thereto (supervisors of land application), subsection (f)(7)(B) of K.S.A. 65-1,182 and amendments thereto (persons who conduct land application) and subsection (c) of K.S.A. 65-1,184 and amendments thereto (persons responsible for implementing the emergency response plan).
History:
L. 1998, ch. 143, § 10; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,187 Odor control plan.

65-1,187.
Odor control plan.
(a) As a condition of issuance of a permit for a swine facility, the department shall require the applicant to submit a plan, approved by the department, for odor control if the application is for:
(1) A permit for construction or expansion of a swine facility that has an animal unit capacity of 1,000 or more;
(2) a permit for expansion of a swine facility to an animal unit capacity of 1,000 or more; or
(3) renewal of a permit for a swine facility that has an animal unit capacity of 1,000 or more.
(b) Each swine facility that is required to submit an odor control plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
(c) In promulgating rules and regulations governing odor control plans, the secretary shall take into consideration different sizes of facilities and other relevant factors.
History:
L. 1998, ch. 143, § 11; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,188 Dead animal handling plan.

65-1,188.
Dead animal handling plan.
(a) Every swine facility that has a capacity of 1,000 or more animal units shall file with the department a plan for the handling of dead swine. The secretary shall adopt rules and regulations establishing minimum standards, including requirements that:
(1) No dead swine shall be left where visible from municipal roads or habitable structures;
(2) before disposal, all dead swine shall be kept within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto unless otherwise approved by the department; and
(3) carcasses shall be picked up within 48 hours under normal circumstances.
(b) Each swine facility that is required to submit a plan for handling dead swine shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
History:
L. 1998, ch. 143, § 17; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,189 Facility closure plan; demonstration of financial ability.

65-1,189.
Facility closure plan; demonstration of financial ability.
(a) As a condition of issuance of a permit for a swine facility, the department shall require the applicant to submit a plan, approved by the department, for closure of the facility if the application is for:
(1) A permit for construction or expansion of a swine facility that has an animal unit capacity of 3,725 or more;
(2) a permit for expansion of a swine facility to an animal unit capacity of 3,725 or more; or
(3) renewal of a permit for a swine facility that has an animal unit capacity of 3,725 or more.
(b) The operator of each swine facility that has a capacity of 3,725 animal units or more shall demonstrate annually to the department evidence, satisfactory to the department, that the operator has financial ability to cover the cost of closure of the facility as required by the department.
(c) Each swine facility that is required to submit a facility closure plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
History:
L. 1998, ch. 143, § 12; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,191 Inspections.

65-1,191.
Inspections.
(a) The department shall conduct periodic inspections of, and review the records of, each permitted swine facility as follows:
(1) For any facility identified as having a specific water pollution problem, every 6 months;
(2) for any facility not identified as having a specific water pollution problem:
(A) Every 12 months, if the facility has a capacity of 3,725 or more animal units;
(B) every 24 months, if the facility has a capacity of 1,000 to 3,724 animal units; and
(C) at least once during the term of the facility's permit, if the facility has a capacity of 300 to 999 animal units.
(b) Each permitted swine facility shall grant access to the facility at reasonable times, with appropriate safeguards for protection of animal health, for authorized representatives of the department to conduct inspections required by subsection (a).
(c) If any authorized representative of the department requires access to a swine containment building or facility during the course of any inspection required by subsection (a) or at any other time, the representative shall comply with the animal health protocol of the facility for entry into the building or facility unless the protocol inhibits reasonable access.
(d) No swine facility shall be assessed the cost of any inspection required by subsection (a) either directly at the time of the inspection or indirectly at the time of issuance of a permit for the facility, except that such cost may be assessed for any inspection associated with:
(1) An emergency that results in the discharge of manure or wastewater to surface water or groundwater; or
(2) a swine facility that engages in a course of conduct that results in repeated, material violations of this act.
(e) The secretary may contract with persons or entities to conduct inspections and review of records as required by this act.
History:
L. 1998, ch. 143, § 14; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,192 Preexisting facilities; application of separation distances.

65-1,192.
Preexisting facilities; application of separation distances.
When a swine facility exists prior to the construction of a habitable structure or designation of a park as a city, county, state or federal park that would otherwise be located within the separation distance for a waste retention lagoon or pond or the separation distance for land on which manure or wastewater from the facility has been or is being applied, the separation distance requirement shall not apply to such structure or park since the owner of such structure or park is expected to know and understand that such structure or park, if located in that location, will be subject to agricultural sights, sounds, odors and other characteristics of farming from the preexisting swine facility.
History:
L. 1998, ch. 143, § 15; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.

65-1,193.
Denial, suspension or revocation of permit; penalties for certain violations.
(a) The secretary may deny an application for any permit, whether new or a renewal, for a swine facility and, upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, may suspend or revoke any permit for a swine facility, if the secretary finds that the applicant, or any officer, director, partner or resident manager of the applicant has:
(1) Intentionally misrepresented a material fact in applying for any permit;
(2) habitually or intentionally violated environmental laws of this or any other state or of the United States and the violations have caused significant and material environmental damage; or
(3) had any permit revoked under the environmental laws of this or any other state or of the United States.
(b) Failure of the operator of a swine confined feeding facility to implement any required manure management, emergency response, odor control, facility closure or dead swine handling plan:
(1) May render the operator liable for a civil penalty pursuant to K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, shall be grounds for the secretary to suspend the permit for such facility.
History:
L. 1998, ch. 143, § 16; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,194 Application of certain standards to certain large facilities.

65-1,194.
Application of certain standards to certain large facilities.
A qualified swine facility, as defined by K.S.A. 79-32,204, that expands to an animal unit capacity of 3,725 or more shall be subject to the provisions of this act applicable to a swine facility having an animal unit capacity of 1,000 to 3,724 if:
(a) The department determines that the swine waste management system of such facility on the effective date of this act has the capacity to accommodate the expanded capacity;
(b) the expansion is located within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto or the written agreements required by subsection (i)(1) of K.S.A. 65-171d and amendments thereto are obtained; and
(c) the expansion does not exceed the lesser of:
(1) An animal unit capacity that is 1/3 greater than the capacity of such facility on the effective date of this act; or
(2) an animal unit capacity of 4,499.
History:
L. 1998, ch. 143, § 18; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,195 Kansas state university; duties.

65-1,195.
Kansas state university; duties.
(a) Kansas state university shall cooperate with the department, other agencies and owners and operators of swine facilities to determine best available technology and best management practices.
(b) Within the limitations of appropriations therefor and for the purpose of identifying potential risk of groundwater contamination by swine waste retention lagoons or ponds or land application of swine waste, Kansas state university, as a part of its current evaluation of lagoons and ponds for containment of animal waste, shall conduct nutrient management testing of land where swine waste is applied, including deep soil sampling in areas where land application of swine waste is conducted and in adjacent areas where such waste is not applied. Kansas state university, until completion of the evaluation, shall submit preliminary reports regarding such evaluation on or before the first day of each regular legislative session and, upon completion of the evaluation, shall submit a final report of the evaluation on or before the final day of the next regular legislative session. Each such report shall be submitted to the governor, the senate and house standing committees on agriculture, the senate standing committee on energy and natural resources and the house standing committee on environment.
History:
L. 1998, ch. 143, § 19; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,196 Standards and requirements; application; powers of secretary of health and environment.

65-1,196.
Standards and requirements; application; powers of secretary of health and environment.
(a) The express adoption or authorization of standards and requirements for swine facilities by this act shall not be construed to prohibit or limit in any manner the secretary's authority to adopt and enforce rules and regulations establishing:
(1) Standards and requirements for swine facilities that are in addition to or more stringent than those provided by this act if the secretary determines necessary for the purposes provided by K.S.A. 65-171d and amendments thereto; and
(2) standards and requirements for swine facilities that exist on the effective date of this act and that are not subject to the standards and requirements provided by this act.
(b) Nothing in this act shall be construed to exempt any person or entity from or preempt or in any way excuse or waive any obligation to comply with the provisions of the Kansas chemigation safety law (K.S.A. 2-3301 et seq. and amendments thereto), K.S.A. 24-126 and amendments thereto (relating to levees), K.S.A. 82a-301 et seq. and amendments thereto (relating to stream obstructions), the Kansas water appropriation act (K.S.A. 82a-701 et seq. and amendments thereto) or any other statute or rule and regulation except as specifically provided by this act.
(c) The provisions of this act applicable to new construction or expansion of swine facilities shall apply to all facilities for which an application for new construction or expansion is received by the department on or after March 1, 1998, and such facilities shall be required to comply with the standards and requirements imposed pursuant to this act at the time the permit for new construction or expansion is granted or, if rules and regulations must be adopted in order to implement any such standard or requirement, such facilities shall be required to comply with such standard or requirement within 180 days after adoption of such rules and regulations.
History:
L. 1998, ch. 143, § 20; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,197 Advisory committee.

65-1,197.
Advisory committee.
The secretary of health and environment, pursuant to K.S.A. 75-5616 and amendments thereto, shall appoint an advisory committee to consult with and advise the secretary on the implementation and administration of the provisions of K.S.A. 65-171d and K.S.A. 65-1,178 through 65-1,196, and amendments thereto, with respect to swine facilities. The advisory committee shall consist of five members who represent persons knowledgeable and experienced in areas related to regulation of swine facilities, including but not limited to owners and operators of swine facilities, Kansas state university extension services and professional engineers.
History:
L. 1998, ch. 143, § 21; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,198 Rules and regulations; reports to legislature.

65-1,198.
Rules and regulations; reports to legislature.
(a) Before January 1, 1999, the secretary shall adopt such rules and regulations as necessary to implement, administer and enforce the provisions of this act.
(b) On or before the first day of the 1999 and 2000 regular legislative sessions, the secretary shall submit a report regarding implementation of the provisions of K.S.A. 65-171d and K.S.A. 65-1,178 through 65-1,196, and amendments thereto, to the house and senate standing committees on agriculture, the senate standing committee on energy and natural resources and the house standing committee on environment.
History:
L. 1998, ch. 143, § 22; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,199 Rules and regulations for composting dead livestock.

65-1,199.
Rules and regulations for composting dead livestock.
The secretary of health and environment shall adopt rules and regulations establishing standards and procedures for composting livestock, including chickens and turkeys.
History:
L. 1998, ch. 143, § 37; May 7.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,200 Citation of act.

65-1,200.
Citation of act.
K.S.A. 65-1,200 to 65-1,214, inclusive, of this act shall be known and may be cited as the residential childhood lead poisoning prevention act.
History:
L. 1999, ch. 99, § 2; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,201 Definitions.

65-1,201.
Definitions.
As used in the residential childhood lead poisoning prevention act:
(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards as defined in the federal program.
(b) "Accredited training program" means a training program that has been accredited by the federal program or the secretary to present training courses to individuals engaged in lead-based paint activities.
(c) "Business entity" means a company, partnership, corporation, sole proprietorship, association, or other business concern.
(d) "Certificate" means an authorization issued by the secretary permitting an individual to engage in lead-based paint activities.
(e) "Federal program" means subpart L, lead-based paint activities of 40 C.F.R. part 745, as in effect on the effective date of this act.
(f) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than 0.5% by weight.
(g) "Lead-based paint activities" means the inspection, assessment and abatement of lead-based paint, including the disposal of waste generated therefrom.
(h) "License" means an authorization issued by the secretary permitting a business entity to engage in lead-based paint activities.
(i) "Public agency" means any state agency or political or taxing subdivision of the state and those federal departments, agencies or instrumentalities thereof which are not subject to preemption.
(j) "Secretary" means the secretary of health and environment.
(k) "Residential dwelling" means a detached single family dwelling or a single family dwelling unit in a structure that contains more than one separate residential dwelling unit used as a place of residence for habitation by an individual or the individual's immediate family, or both.
(l) "Habitation" means a place of abode or residence constructed before 1978 where individuals eat, sleep and reside.
(m) "Immediate family" means spouse, parent, stepparent, child, stepchild or sibling.
History:
L. 1999, ch. 99, § 3; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,203 Licensure or certification to perform lead-based paint activities.

65-1,203.
Licensure or certification to perform lead-based paint activities.
(a) A business entity or public agency shall not engage in a lead-based paint activity unless the business entity or public agency holds a license issued by the secretary for that purpose.
(b) Except as otherwise provided in the residential childhood lead poisoning prevention act, no individual shall engage in lead-based paint activities unless the individual holds a certificate issued by the secretary for that purpose. In order to qualify for a certificate, an individual must have successfully completed an accredited training program and pass a third party exam as required by the secretary. Any individual who owns and resides in a residential dwelling may perform lead-based paint activities within such residential dwelling even though such individual does not hold a certificate for that purpose under the residential childhood lead poisoning prevention act. All work performed by such individual owner of a residential dwelling must be performed in accordance with state and federal guidelines or statutes, or both.
(c) Any business or public agency that owns or leases a nonresidential dwelling may perform lead-based paint activities within such facility even though such business or public agency does not hold a license for that purpose under the residential childhood lead poisoning prevention act. All work performed by a business or public agency on such facility must be performed in accordance with state and federal guidelines or statutes, or both.
History:
L. 1999, ch. 99, § 5; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,204 Same; qualification requirements.

65-1,204.
Same; qualification requirements.
In order to qualify for a license, a business entity or public agency shall:
(a) Ensure that each employee or agent of the business entity or public agency who will engage in a lead-based paint activity is certified;
(b) demonstrate to the satisfaction of the secretary that the business entity or public agency is capable of complying with all requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the secretary, as applicable, to lead-based paint activities;
(c) comply with all rules and regulations adopted by the secretary under the residential childhood lead poisoning prevention act; and
(d) allow representatives of the secretary, after identification, to enter and inspect any habitation or property on which a habitation is situated at any reasonable time with consent of the owner or under search warrant for the purpose of inspecting lead-based paint activities as required in order to implement provisions of the residential childhood lead poisoning prevention act.
History:
L. 1999, ch. 99, § 6; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,205 Remittance of fees.

65-1,205.
Remittance of fees.
The secretary shall remit all moneys received from the fees established pursuant to the residential childhood lead poisoning prevention act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the lead-based paint hazard fee fund established in K.S.A. 65-1,206, and amendments thereto.
History:
L. 1999, ch. 99, § 7; L. 2001, ch. 5, § 215; July 1.