reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3010 Emission control requirements.

65-3010.
Emission control requirements.
(a) The secretary shall establish emission control requirements, and requirements for open burning (including appropriate prohibition thereof). Such requirements may be either for such areas as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment of the purposes of this act and in order to take necessary or desirable account of varying local conditions. Any emission which does not conform to a requirement in force pursuant to this subsection shall constitute a violation of this act.
(b) Every local air quality conservation program that is established pursuant to K.S.A. 65-3016, as amended, shall be in compliance with the rules and regulations set forth for that area by the secretary.
(c) Variations from the requirements of subsection (b) of this section may be included in a local air quality conservation program only after approval by the secretary, following demonstration to the satisfaction of the secretary that the proposed requirements are not less stringent than the standards and requirements established by the secretary and are otherwise consistent with the purposes of this act. Any requirement placed in force pursuant to this subsection shall be preceded by public hearing. The secretary, upon evidence that conditions have changed or that additional or other information is relevant to a decision with respect to the emission control or open burning requirements concerned may, after public hearing, withdraw any approval previously given to a local requirement pursuant to this subsection.
(d) The secretary shall establish reasonable ambient air quality standards for the state as a whole, or any part thereof, and shall require the emission control requirements of any local program to be consistent with such standards in addition to meeting any other requirements pursuant to this section.
History:
L. 1967, ch. 347, § 10; L. 1970, ch. 261, § 10; L. 1974, ch. 352, § 142; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3011 Enforcement; procedure.

65-3011.
Enforcement; procedure.
(a) If the secretary or the director of the division of environment finds that any person has violated any provision of any approval, permit or compliance plan or any provision of this act or any rule and regulation promulgated under this act, the secretary may issue an order finding such person in violation of the act and directing the person to take such action as necessary to correct the violation. Any order issued shall specify the length of time after receipt of the order during which the person must correct the violations.
(b) Any person to whom an order is issued pursuant to subsection (a) may request a hearing within 15 days after service of the order. Hearings before the secretary shall be conducted in accordance with the Kansas administrative procedure act.
History: L. 1967, ch. 347, § 11; L. 1970, ch. 261, § 11; L. 1974, ch. 352, § 143; L. 1988, ch. 356, § 201; L. 1993, ch. 13, § 9; March 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3012 Action to protect health or environment; judicial review procedures.

65-3012.
Action to protect health or environment; judicial review procedures.
(a) Upon receipt of evidence that emissions from an air pollution source or combination of air pollution sources presents: (1) An imminent and substantial endangerment to public health or welfare or to the environment; or (2) for an imminent or actual violation of this act, any rules and regulations adopted under this act, any orders issued under this act or any permit conditions required by this act, the secretary may issue a temporary order not to exceed seven days in duration, directing the owner or operator, or both, to take such steps as necessary to prevent the act or eliminate the practice.
(b) Upon issuance of the temporary order, the secretary may commence an action in the district court to enjoin acts or practices specified in subsection (a) or request the attorney general or appropriate county or district attorney to commence an action to enjoin those acts or practices.
(c) The secretary may bring suit in any court of competent jurisdiction to immediately restrain the acts or practices specified in subsection (a). An action for injunction under this subsection shall have precedence over other cases in respect to order of trial.
(d) The owner or operator, or both, aggrieved by an order of the secretary issued pursuant to this section shall be immediately entitled to judicial review of such agency action by filing a petition for judicial review in district court. The aggrieved party shall not be required to exhaust administrative remedies. A petition for review under this subsection shall have precedence over other cases in respect to order of trial.
History:
L. 1967, ch. 347, § 12; L. 1970, ch. 261, § 12; L. 1974, ch. 352, § 144; L. 1993, ch. 13, § 12; L. 2009, ch. 141, § 25; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3015 Records and information open; trade secret exception.

65-3015.
Records and information open; trade secret exception.
(a) Except as provided in subsection (b), any records, reports or information obtained pursuant to this act shall be available to the public.
(b) Upon a showing satisfactory to the secretary by any person that records, reports or information, or a particular part thereof (other than emission data), to which the secretary has access under this act, if made public, would divulge methods or processes entitled to protection as trade secrets of such person under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto), the secretary shall consider such record, report or information, or particular portion thereof, confidential, except that: (1) Such record, report or information may be disclosed to officers, employees or authorized representatives of the United States government concerned with carrying out responsibilities under the federal clean air act and amendments thereto; and (2) this subsection shall not apply to any provision in any air quality approval or permit issued by the secretary and the public shall have access to such approvals and permits in their entirety.
History:
L. 1967, ch. 347, § 15; L. 1970, ch. 261, § 15; L. 1973, ch. 254, § 1; L. 1974, ch. 352, § 147; L. 1993, ch. 13, § 13; L. 2005, ch. 67, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3017 Motor vehicle pollution.

65-3017.
Motor vehicle pollution.
(a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate, and in furtherance of the purposes of this act, the secretary may provide by rules and regulations for the control of emissions from motor vehicles. Such rules and regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of such equipment and of vehicles. Any rules or regulations pursuant to this section shall be consistent with provisions of federal law or regulations, if any, relating to control of emissions from the vehicles concerned. The secretary shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if such feature or equipment has been certified, approved or otherwise authorized pursuant to federal law.
(b) As used in this section "motor vehicle" shall have the same meaning as in K.S.A. 8-1437.
History:
L. 1967, ch. 347, § 17; L. 1970, ch. 261, § 17; L. 1974, ch. 352, § 149; L. 1975, ch. 33, § 8; L. 1976, ch. 52, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3018 Administrative fines.

65-3018.
Administrative fines.
(a) The secretary or the director of the division of environment, upon a finding that a person has violated any provision of K.S.A. 65-3025 and amendments thereto, may impose a penalty not to exceed $10,000 which shall constitute an actual and substantial economic deterrent to the violation for which it is assessed. 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 issued to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to request a hearing thereon. The request for hearing shall be in writing, directed to the secretary and filed with the secretary within 15 days after service of the order. Hearings under this section shall be conducted in accordance with the Kansas administrative procedure act.
(c) Nothing in this act shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150; L. 1993, ch. 13, § 14; March 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3019 Application of act; limitations.

65-3019.
Application of act; limitations.
Nothing in this act shall be construed to:
(a) Grant the secretary any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works and shops.
(b) Affect the relations between employers and employees.
(c) Supersede or limit the applicability of any law or ordinance relating to industrial health, safety or sanitation.
History:
L. 1967, ch. 347, § 19; L. 1970, ch. 261, § 19; L. 1974, ch. 352, § 151; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3020 Severability.

65-3020.
Severability.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such clause, paragraph, subsection or section.
History:
L. 1967, ch. 347, § 20; May 2.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3021 Power generation facility; impact upon air quality; definitions.

65-3021.
Power generation facility; impact upon air quality; definitions.
As used in this act the following terms shall have the meanings ascribed to them herein:
(a) "Power generation facility" means any physical plant used for the production or generation of electricity, or coal gasification facility.
(b) "Secretary" means the secretary of health and environment.
(c) "Person" means any individual, company, corporation, institution, municipality, township, county, state agency or federal agency.
History:
L. 1978, ch. 352, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3022 Same; determining and monitoring of power generation facilities environmental impact; programs for; fees; rules and regulations.

65-3022.
Same; determining and monitoring of power generation facilities environmental impact; programs for; fees; rules and regulations.
In order to defray costs in determining and monitoring the environmental impact of power generation facilities with respect to air quality and, in the case of nuclear powered generation facilities, the overall radiological impact thereof, the secretary is authorized and directed to adopt rules and regulations to provide for the establishment of fees and for the collection thereof from each such facility. Such fees shall be determined and collected annually, and such determination shall be based upon the size and type of such facilities. In establishing programs for determining and monitoring environmental impact, the secretary shall take into consideration monitoring programs conducted by other persons and where possible avoid duplication of effort and expense. The secretary may also provide for quality review and evaluation of monitoring conducted by other persons in order to further the objectives of this act and to determine the extent and necessity of monitoring programs to be conducted by the department of health and environment.
History:
L. 1978, ch. 352, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3023 Same; fees; disposition of moneys; power generating facility fee fund created.

65-3023.
Same; fees; disposition of moneys; power generating facility fee fund created.
The secretary shall remit all moneys received from fees under K.S.A. 65-3022, and amendments thereto, 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 power generating facility fee fund, which fund is hereby created. 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 secretary.
History:
L. 1978, ch. 352, § 3; L. 1983, ch. 286, § 4; L. 2001, ch. 5, § 242; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3024 Emissions fees.

65-3024. Emissions fees.
(a) The secretary may fix, charge and collect annual emissions fees in amounts necessary to pay the direct and indirect costs of administering the provisions of the Kansas air quality act. The secretary shall adopt rules and regulations fixing such fees and shall periodically increase or decrease such fees consistent with the need to cover the direct and indirect costs of administering the program. To the extent possible, annual emission fees shall be based upon actual emissions determined pursuant to rules and regulations adopted by the secretary. For purposes of determining emission fees for a facility, emissions of any single regulated pollutant in excess of 4,000 tons per year shall not be included in the calculation when determining the total emissions from the facility.
(b) There is hereby established in the state treasury the air quality fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Fees collected under subsection (a);
(2) any moneys recovered by the state under the provisions of this act, including permit and approval fees collected under K.S.A. 65-3008, and amendments thereto, administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement; and
(3) interest attributable to investment of moneys in the fund.
(c) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas air quality act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the air quality fee fund interest earnings based on:
(1) The average daily balance of moneys in the air quality fee 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.
History:
L. 1993, ch. 13, § 8; L. 1996, ch. 253, § 13; L. 2014, ch. 30, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3025 Unlawful acts.

65-3025.
Unlawful acts.
It shall be unlawful for any person to do any of the following:
(a) Violate any provision of an order issued under this act.
(b) Violate any provision of an approval or permit issued under this act.
(c) Violate any provision of this act or any rule and regulation promulgated under this act, unless the secretary makes a determination relating to the permittee that the specified provisions referred to in such determination are not applicable to the source and the permit includes that determination or a concise summary thereof. Compliance with the provisions of a permit shall be deemed compliance with applicable provisions of this act or any rule and regulation promulgated under this act if the permit includes the applicable requirements of such provisions. Nothing in this subsection (c) or in any permit shall alter or affect: (1) The provisions of section 303 of the federal clean air act (emergency orders), including the authority of the administrator of the United States environmental protection agency under that section; (2) the provisions of K.S.A. 65-3012 and amendments thereto; (3) the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; (4) the applicable requirements of the acid rain program consistent with section 408a of the federal clean air act; (5) the ability of the United States environmental protection agency to obtain information from a source pursuant to section 114 of the federal clean air act; or (6) the ability of the secretary to obtain information from a source pursuant to this act.
(d) Construct, modify, alter, use or operate an air contaminant emission stationary source without an approval or permit allowing such construction, modification, alteration, use or operation.
(e) At any time, refuse or hinder entry, inspection, sampling or examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies and gives notice of the agent's or employee's purpose.
(f) Fail to pay any fee required by this act or rules and regulations promulgated under this act.
(g) Knowingly make any false material statement, representation or certification in any application, record, report, permit or other document filed, maintained or used for purposes of compliance with this act.
(h) Knowingly destroy, alter or conceal any record required to be maintained under rules and regulations promulgated by the secretary under this act.
History: L. 1993, ch. 13, § 10; March 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3026 Criminal penalties.

65-3026.
Criminal penalties.
(a) Violation of any provision of subsections (a) through (f) of K.S.A. 65-3025, and amendments thereto, is a class A nonperson misdemeanor.
(b) Knowingly violating any provision of K.S.A. 65-3025 is a severity level 10, nonperson felony.
(c) In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(d) The county or district attorney of every county shall file appropriate actions for enforcement of this section upon request of the secretary or upon the county or district attorney's own motion after consultation with the secretary.
History:
L. 1993, ch. 13, § 11; L. 1995, ch. 251, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3028 Rules and regulations continued in effect.

65-3028.
Rules and regulations continued in effect.
All rules and regulations promulgated pursuant to K.S.A. 65-3001 et seq., and amendments thereto, in existence on the effective date of this act shall continue to be effective until revised, amended, repealed or nullified pursuant to law.
History: L. 1993, ch. 13, § 16; March 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3029 Duties of secretary; approval of prevention of significant deterioration permit.

65-3029.
Duties of secretary; approval of prevention of significant deterioration permit.
(a) The secretary shall timely approve a prevention of significant deterioration permit (PSD) to sunflower electric power corporation to be issued consistent with the settlement agreement executed May 4, 2009, by sunflower electric power corporation and the governor of the state of Kansas to resolve all claims or causes of action, or both, pending before various courts and administrative agencies consistent with article V of the settlement agreement.
(b) This section shall be part of and supplemental to the Kansas air quality act.
History:
L. 2009, ch. 141, § 42; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3030 Severability clause.

65-3030.
Severability clause.
The provisions of this act [*] are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act.
History:
L. 2009, ch. 141, § 43; May 28.
* See comparative table of sections in Constitutions volume at L. 2009, ch. 141.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 31 - Interstate Compact On Mental Health › 65-3102 Mental health compact; administrator.

65-3102.
Mental health compact; administrator.
Pursuant to said compact, the director of institutions shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state thereunder.
History:
L. 1967, ch. 479, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 31 - Interstate Compact On Mental Health › 65-3103 Same; supplementary agreements.

65-3103.
Same; supplementary agreements.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History:
L. 1967, ch. 479, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 31 - Interstate Compact On Mental Health › 65-3104 Same; financing.

65-3104.
Same; financing.
The compact administrator, subject to the approval of the state director of accounts and reports, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History:
L. 1967, ch. 479, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 31 - Interstate Compact On Mental Health › 65-3105 Same; required preliminary steps to transfer.

65-3105.
Same; required preliminary steps to transfer.
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the court of commitment if the proposed transferee is in an institution pursuant to an order of a court.
History:
L. 1967, ch. 479, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 31 - Interstate Compact On Mental Health › 65-3106 Same; transmittal of act to other states and officials.

65-3106.
Same; transmittal of act to other states and officials.
Duly authorized copies of this act shall, upon its approval be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
History:
L. 1967, ch. 479, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3222 Applicability.

65-3222.
Applicability.
This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
History:
L. 2007, ch. 127, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3223 Who may make anatomical gift before donor's death.

65-3223.
Who may make anatomical gift before donor's death.
Subject to K.S.A. 65-3227, and amendments thereto, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in K.S.A. 65-3224, and amendments thereto, by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(A) Emancipated; or
(B) authorized under state law to apply for a driver's license or nondriver identification card because the donor is at least 16 years of age;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
History:
L. 2007, ch. 127, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3224 Manner of making anatomical gift before donor's death.

65-3224.
Manner of making anatomical gift before donor's death.
(a) A donor may make an anatomical gift:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
History:
L. 2007, ch. 127, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3225 Amending or revoking anatomical gift before donor's death; first person consent organ and tissue donor registry.

65-3225.
Amending or revoking anatomical gift before donor's death; first person consent organ and tissue donor registry.
(a) Subject to K.S.A. 65-3227, and amendments thereto, a donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may amend or revoke an anatomical gift by:
(1) A record signed by:
(A) The donor;
(B) the other person; or
(C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subsection (a)(1)(C) must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) Subject to K.S.A. 65-3227, and amendments thereto, a donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).
(f) A donor may revoke or amend an anatomical gift made by placing such individual's name on the first person consent organ and tissue donor registry by directly accessing the registry website or notifying the Kansas federally designated organ procurement organization to request the amendment or revocation. Withdrawal of such individual's consent to be listed in the registry does not constitute a refusal to make an anatomical gift of the individual's body or part.
History:
L. 2007, ch. 127, § 6; L. 2010, ch. 141, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3226 Refusal to make anatomical gift; effect of refusal.

65-3226.
Refusal to make anatomical gift; effect of refusal.
(a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) A record signed by:
(A) The individual; or
(B) subject to subsection (b), another acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In the manner provided in subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to K.S.A. 65-3224, and amendments thereto, that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in K.S.A. 65-3227(h), and amendments thereto, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
History:
L. 2007, ch. 127, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3227 Preclusive effect of anatomical gift, amendment, or revocation.

65-3227.
Preclusive effect of anatomical gift, amendment, or revocation.
(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under K.S.A. 65-3224, and amendments thereto, or an amendment to an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto.
(b) A donor's revocation of an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto, is not a refusal and does not bar another person specified in K.S.A. 65-3223 or 65-3228, and amendments thereto, from making an anatomical gift of the donor's body or part under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under K.S.A. 65-3224, and amendments thereto, or an amendment to an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto, another person may not make, amend, or revoke the gift of the donor's body or part under K.S.A. 65-3229, and amendments thereto.
(d) A revocation of an anatomical gift of a donor's body or part under K.S.A. 65-3225, and amendments thereto, by a person other than the donor does not bar another person from making an anatomical gift of the body or part under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, an anatomical gift of a part for one or more of the purposes set forth in K.S.A. 65-3223, and amendments thereto, is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
History:
L. 2007, ch. 127, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3228 Who may make anatomical gift of decedent's body or part.

65-3228. Who may make anatomical gift of decedent's body or part.
(a) Subject to subsections (b) and (c) and unless barred by K.S.A. 65-3226 or 65-3227, and amendments thereto, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under K.S.A. 65-3223(2), and amendments thereto, immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) the persons who were acting as the guardians of the person of the decedent at the time of death;
(9) an adult who exhibited special care and concern for the decedent and who was familiar with the decedent's personal values; and
(10) any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under K.S.A. 65-3230, and amendments thereto, knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. If both parents are living and available to decide, an anatomical gift may be made only if both parents agree.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
History:
L. 2007, ch. 127, § 9; L. 2018, ch. 31, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3229 Manner of making, amending, or revoking anatomical gift of decedent's body or part.

65-3229. Manner of making, amending, or revoking anatomical gift of decedent's body or part.
(a) A person authorized to make an anatomical gift under K.S.A. 65-3228, and amendments thereto, may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (d) [c], an anatomical gift by a person authorized under K.S.A. 65-3228, and amendments thereto, may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under K.S.A. 65-3228, and amendments thereto, may be:
(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
History:
L. 2007, ch. 127, § 10; L. 2018, ch. 31, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3231 Search and notification.

65-3231.
Search and notification.
(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section.
History:
L. 2007, ch. 127, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3232 Delivery of document of gift not required; right to examine.

65-3232.
Delivery of document of gift not required; right to examine.
(a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under K.S.A. 65-3230, and amendments thereto.
History:
L. 2007, ch. 127, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3234 Coordination of procurement and use.

65-3234.
Coordination of procurement and use.
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
History:
L. 2007, ch. 127, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3235 Sale or purchase of parts prohibited.

65-3235.
Sale or purchase of parts prohibited.
(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a severity level 5, nonperson felony.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
History:
L. 2007, ch. 127, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3236 Other prohibited acts.

65-3236.
Other prohibited acts.
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal commits a severity level 10, nonperson felony.
History:
L. 2007, ch. 127, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3237 Immunity.

65-3237. Immunity.
(a) A person or healthcare provider that acts in accordance with this act or with the applicable anatomical gift law of another state, or in good faith attempts to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this act, a person may rely upon representations of an individual listed in K.S.A. 65-3228(a)(2), (3), (4), (5), (6), (7), or (8), and amendments thereto, relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
History:
L. 2007, ch. 127, § 18; L. 2018, ch. 31, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3238 Law governing validity; choice of law as to execution of document of gift; presumption of validity.

65-3238.
Law governing validity; choice of law as to execution of document of gift; presumption of validity.
(a) A document of gift is valid if executed in accordance with:
(1) This act;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
History:
L. 2007, ch. 127, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3239 Establishing a statewide donor registry; requirements; first person consent organ and tissue donor registry.

65-3239.
Establishing a statewide donor registry; requirements; first person consent organ and tissue donor registry.
(a) Information obtained under K.S.A. 8-247 and 8-1325, and amendments thereto, from the division of vehicles by the Kansas federally designated organ procurement organization shall be used for the purpose of establishing a statewide organ and tissue donor registry accessible to in-state recognized cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement agencies in another state when a Kansas resident is a donor of an anatomical gift and is not located in Kansas at the time of death or immediately before the death of the donor. No organ or tissue donation organization may obtain information from the organ and tissue donor registry for the purposes of fund-raising. Organ and tissue donor registry information shall not be further disseminated unless authorized in this section or by federal law. Dissemination of organ and tissue donor registry information may be made by the Kansas federally designated organ procurement organization to a recognized in-state procurement agency for other tissue recovery, or an out-of-state federally designated organ procurement agency. An individual who agrees to have such individual's name in the first person consent organ and tissue donor registry has given full legal consent to the donation of any of such individual's organs or tissues upon such individual's death as recorded in the registry.
(b) The Kansas federally designated organ procurement organization may acquire donor information from sources other than the division of vehicles.
(c) All costs associated with the creation and maintenance of the organ and tissue donor registry shall be paid by the Kansas federally designated organ procurement organization. Such organization shall also pay the costs of providing and maintaining the written information and educational materials required to be distributed under subsection (g) of K.S.A. 8-247, and amendments thereto, and under subsection (b) of K.S.A. 8-1325, and amendments thereto.
(d) An individual does not need to participate in the organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations and not inhibit Kansans from being donors upon death.
(e) This section shall be a part of and supplemental to the revised uniform anatomical gift act.
History:
L. 2002, ch. 60, § 1; L. 2007, ch. 127, § 32; L. 2010, ch. 141, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3240 Effect of anatomical gift on advance health-care directive.

65-3240.
Effect of anatomical gift on advance health-care directive.
(a) In this section:
(1) "Advance health-care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3) "Health-care decision" means any decision made regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health-care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.
History:
L. 2007, ch. 127, § 20; July 1.