reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3907 Insufficiency of bond.

61-3907.
Insufficiency of bond.
If a supersedeas bond was not filed with the notice of appeal, and if the action is not yet docketed on appeal, a bond may be filed with the court from which the appeal is taken. After the action is so docketed, application for leave to file a bond may be made only in the appellate court. When the surety for a supersedeas bond shall be insufficient, or such bond is insufficient in form or amount, the appellate court may on motion order a change or renewal of such bond, and direct that it be filed in such court.
History:
L. 2000, ch. 161, § 92; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3908 Judgment against surety.

61-3908.
Judgment against surety.
By entering into a supersedeas bond given pursuant to K.S.A. 61-3905 and 61-3906, and amendments thereto, the surety submits to the jurisdiction of the court wherein the judgment becomes final, and irrevocably appoints the clerk of such court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the judge prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if the surety's address is known.
History:
L. 2000, ch. 161, § 93; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3909 Dismissal of appeal.

61-3909.
Dismissal of appeal.
If the appeal is dismissed by the judge hearing such appeal, the action shall be remanded to the judge from which such appeal was taken.
History:
L. 2000, ch. 161, § 94; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 40 - Costs › 61-4001 Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs; exemptions.

61-4001. Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs; exemptions.
(a) Docket fee. (1) No case shall be filed or docketed pursuant to the code of civil procedure for limited actions without the payment of a docket fee in the amount of $35 if the amount in controversy or claimed does not exceed $500; $55 if the amount in controversy or claimed exceeds $500 but does not exceed $5,000; or $101 if the amount in controversy or claimed exceeds $5,000. If judgment is rendered for the plaintiff, the court also may enter judgment for the plaintiff for the amount of the docket fee paid by the plaintiff.
(2) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel.
(b) Poverty affidavit; additional court costs; exemptions for the state and municipalities. The provisions of K.S.A. 60-2001(b), (c) and (d) and 60-2005, and amendments thereto, shall be applicable to lawsuits brought under the code of civil procedure for limited actions.
History:
L. 2000, ch. 161, § 95; L. 2001, ch. 211, § 15; L. 2006, ch. 195, § 20; L. 2007, ch. 195, § 33; L. 2008, ch. 95, § 16; L. 2009, ch. 116, § 26; L. 2009, ch. 143, § 23; L. 2010, ch. 62, § 18; L. 2011, ch. 87, § 18; L. 2012, ch. 66, § 19; L. 2013, ch. 125, § 19; L. 2015, ch. 81, § 27; L. 2017, ch. 80, § 22; L. 2019, ch. 58, § 23; July 1.
Revisor's Note:
Section was also amended by L. 2009, ch. 82, § 8, but that version was repealed by L. 2009, ch. 143, § 37.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 40 - Costs › 61-4002 Items allowable as costs.

61-4002.
Items allowable as costs.
The provisions of K.S.A. 60-2002, 60-2003, 60-2006, 60-2610 and 60-2611, and amendments thereto, shall be applicable to lawsuits brought under the code of civil procedure for limited actions.
History:
L. 2000, ch. 161, § 96; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 41 - General Provisions › 61-4101 Lost or destroyed court files.

61-4101.
Lost or destroyed court files.
The applicable provisions of article 25 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to lost or destroyed court files and records, shall govern lost court files and records in actions pursuant to the code of civil procedure for limited actions, except as otherwise provided in the rules of the supreme court of this state.
History:
L. 2000, ch. 161, § 97; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 41 - General Provisions › 61-4102 Affirmation in lieu of oath.

61-4102.
Affirmation in lieu of oath.
Whenever an oath is required by the code of civil procedure for limited actions, the affirmation of a person conscientiously opposed to taking an oath shall have the same effect.
History:
L. 2000, ch. 161, § 98; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 41 - General Provisions › 61-4103 Availability of other relief.

61-4103.
Availability of other relief.
If a case arises in which an action or proceeding for the enforcement or protection of a substantive right, or the redress or prevention of a wrong, cannot be had under any specific provisions of the code of civil procedure for limited actions or other statutes, then the court shall proceed as nearly in conformity with the provisions of the code of civil procedure for limited actions as the circumstances permit to do whatever law and justice require for the protection of the parties.
History:
L. 2000, ch. 161, § 99; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 41 - General Provisions › 61-4104 Effect on pending actions.

61-4104.
Effect on pending actions.
The procedures prescribed by the code of civil procedure for limited actions shall apply to any actions or proceedings commenced, or judgments entered, prior to the enactment of this act.
History:
L. 2000, ch. 161, § 100; January 1, 2001.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-102 Same; publication on certain day of week.

64-102.
Same; publication on certain day of week.
All legal publications and notices of whatever kind or character that may by law be required to be published a certain number of weeks or days shall be and they are hereby declared to be legally published when they have been published once each week in a newspaper which is published at least once each week, such publication to be made on any day of the week upon which the paper is published: Provided, That successive publications of the same notice shall be made on the same day of the week except that when there is no issue of the newspaper published on such day that it may be made on the preceding or following day: And provided further, That any newspaper publishing such notices or publications, as hereinbefore provided, must be otherwise qualified under existing law to publish such notices and publications.
History:
L. 1909, ch. 160, § 1; L. 1921, ch. 208, § 1; R.S. 1923, 64-102; L. 1941, ch. 295, § 1; L. 1949, ch. 325, § 1; March 18.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-103 Publication of acts of legislature, official documents, and constitutional amendments; certification by secretary of state of the amount expended for publication of proposition to amend constitution; transfer of amount expended by director of accounts and reports; notifications of transfer.

64-103. Publication of acts of legislature, official documents, and constitutional amendments; certification by secretary of state of the amount expended for publication of proposition to amend constitution; transfer of amount expended by director of accounts and reports; notifications of transfer.
(a) All acts of the legislature that shall provide for their taking effect on publication in any newspaper or in the Kansas register shall be published in the Kansas register, which shall be deemed the official publication. Publication of the Kansas register may be in print or electronic form. Except as otherwise provided in this subsection, all proclamations, orders, notices and advertisements authorized by any state officer shall be printed and published in the Kansas register. Payment for such publication shall be made by the state at the rates prescribed by law. The provisions of this subsection shall not apply to: (1) Resolutions making propositions to amend the constitution; or (2) proclamations issued by the governor that are not required by law to be issued by the governor. All proclamations issued by the governor that are not published in the Kansas register shall be published on the official Kansas website.
(b) (1) For the purpose of informing the electors of the propositions to be voted on at the election thereon, the secretary of state shall cause resolutions making propositions to amend the constitution to be published in one newspaper in each county of the state where a newspaper is published, or, if no newspaper is published in a county, then in a Kansas-published newspaper of general circulation in each county once each week for three consecutive weeks immediately preceding the election at which the proposition is to be submitted.
(2) After such publication, the secretary of state shall certify the amount of moneys expended on such publication and shall transmit a copy of such certification to the director of accounts and reports. Upon receipt of such certification, the director of accounts and reports shall transfer an amount of moneys equal to such certified amounts from the state general fund to the information services fee fund of the secretary of state and shall transmit a notification of such transfer to the director of legislative research and the director of the budget.
History:
L. 1879, ch. 166, § 105; R.S. 1923, 64-103; L. 1933, ch. 221, § 1; L. 1981, ch. 166, § 3; L. 1981, ch. 324, § 18; L. 1982, ch. 346, § 4; L. 2001, ch. 99, § 1; L. 2021, ch. 61, § 47; July 1.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-104 Validation of prior publications in newspapers having patent insides or outsides.

64-104.
Validation of prior publications in newspapers having patent insides or outsides.
All legal publications heretofore made in newspapers having one side of the paper printed away from the office of publication, and known as patent insides or patent outsides, shall have the same force and effect as if published in newspapers wholly printed and published in such county where such publication was made.
History:
R.S. 1923, 64-104; December 27.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-105 Publications in newspapers having patent insides or outsides, when.

64-105.
Publications in newspapers having patent insides or outsides, when.
All publications and notices required by law to be published in newspapers in this state, if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were published in newspapers printed wholly and published in the county where such publication shall be made: Provided, One side of the paper is printed in said county where said notices are required to be published.
History:
R.S. 1923, 64-105; December 27.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-106 Lost county records; certified transcript from state historical society files as evidence.

64-106.
Lost county records; certified transcript from state historical society files as evidence.
Whenever the official records of any county in this state are lost, stolen, or destroyed, it shall be lawful for any board of county commissioners of such county to order the secretary of the state historical society to transcribe from the newspapers, records, documents and other files of the state historical society any publication notice authorized or which may have been authorized to be published and which was published in any newspaper or any other publication in the state which may be on file in the office of the state historical society. Such transcript shall be made and certified by the secretary of the state historical society, under the seal of such society, and shall be admissible in evidence in or before any court, board, or other body in the state of Kansas, to the same extent and with like effect as the original would or might be if offered in evidence.
History:
L. 1907, ch. 168, § 1; February 18; R.S. 1923, 64-106.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-107 Same; payment of expense by county, when.

64-107.
Same; payment of expense by county, when.
No charge shall be made for the making of such transcript so long as the secretary can make the same with the help of the office and employees of the society who are paid a salary by the state; and when extra help is necessarily employed to do the work, the county ordering the transcripts shall pay only the actual expense incurred, on duly certified and sworn vouchers bearing the approval of the secretary of the society.
History:
L. 1907, ch. 168, § 2; February 18; R.S. 1923, 64-107.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-108 Official court paper in counties of 45,000 or over.

64-108.
Official court paper in counties of 45,000 or over.
In any county of this state, having a population of 45,000 or over, the judge of the district court of said county may designate a court paper to be the official court paper for the publication of court calendars, assignments of cases and motions, daily findings and other proceedings as the judge of the district court and other courts of record may direct. Nothing herein shall in anywise affect the jurisdiction over or the regularity of proceedings, trials or judgments except as otherwise provided by law.
History:
L. 1911, ch. 220, § 1; R.S. 1923, 64-108; L. 1976, ch. 259, § 1; July 1.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-109 Official court paper in counties of 45,000 or over; what may be published.

64-109.
Official court paper in counties of 45,000 or over; what may be published.
When any court paper shall have been designated as an official court paper, as provided in K.S.A. 64-108, any legal notice, advertisement or publication now required by law to be published in any newspaper in any action or proceedings pending before the district court may be published in such court paper so designated by the direction and order of the court in which said action is pending and such publication shall be deemed a compliance with K.S.A. 64-101.
History:
L. 1911, ch. 220, § 2; L. 1913, ch. 222, § 1; R.S. 1923, 64-109; L. 1976, ch. 145, § 209; January 10, 1977.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-110 Publication of official notice by state or political subdivisions; supplemental publication by radio or television broadcast; question submitted elections.

64-110.
Publication of official notice by state or political subdivisions; supplemental publication by radio or television broadcast; question submitted elections.
Any official of the state or any of its political subdivisions who is required by law to publish any notice required by law may supplement publication thereof by radio or television broadcast, or both, when such official determines the public interest will be served thereby, except that the broadcast of legal advertisements concerning question submitted elections, only the time, place and an unbiased summary of the resolution or question of such notice only shall be read or shown, and no reference shall be made to such official by name, and no such person shall be seen or heard in the broadcast.
History:
L. 1989, ch. 153, § 1; April 27.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-111 Same; copy or transcription of notice retained by station; proof of broadcast.

64-111.
Same; copy or transcription of notice retained by station; proof of broadcast.
(a) Each radio or television station broadcasting any legal notice or notice of event shall for a period of six months subsequent to such broadcast retain at its office a copy or transcription of the text of the notice as actually broadcast which shall be available for public inspection.
(b) Proof of broadcast of legal notice or notice of event by radio or television shall be by affidavit of the manager, an assistant manager or a program director of the station broadcasting the same.
History:
L. 1989, ch. 153, § 2; April 27.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-112 Same; notice of proposed constitutional amendments by secretary of state; failure of station to broadcast.

64-112.
Same; notice of proposed constitutional amendments by secretary of state; failure of station to broadcast.
(a) The secretary of state may supplement publication of legal notice of proposed constitutional amendments by radio and television broadcast as provided under K.S.A. 64-110, at such times and with such frequency as determined suitable by the secretary of state during the week immediately preceding the election at which the proposition is to be submitted.
(b) Failure to broadcast notices provided for in subsection (a) at any station or in a particular geographic location of the state, shall in no way affect the validity of such notice or legal advertisement and shall not subject any such notice or advertisement to legal attack upon such grounds.
History:
L. 1989, ch. 153, § 3; April 27.
2023 Kansas Statutes › Chapter 64 - Publications, Bibliography And Calendar › Article 1 - Legal Publications › 64-113 Same; limitation on rates charged for broadcast; definitions.

64-113.
Same; limitation on rates charged for broadcast; definitions.
(a) The charges made for legal advertisements on broadcast shall not exceed the comparable rate charged by the station to commercial customers.
(b) Any contract rates or volume discounts given to commercial customers by the station shall be available to persons or political subdivisions causing broadcast of legal advertisements, under the same terms and conditions as for commercial advertisements.
(c) As used in this section, "legal advertisement" and "political subdivision" have the meanings provided in K.S.A. 28-137b and amendments thereto.
History:
L. 1989, ch. 153, § 4; April 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-102 Registration of vital statistics and diseases; forms.

65-102. Registration of vital statistics and diseases; forms.
The secretary of health and environment shall supervise the registration of marriages, births and deaths, and also the registration of forms of disease prevalent in the state; and the director of the division of public health shall superintend the registration of the vital statistics of the state. The secretary of health and environment shall prepare the blank forms necessary for obtaining and preserving such records, and forward them to the health officers of local boards as may be required by physicians, appraisers, local boards and others whose duty it is to gather information in relation to the vital statistics of the state.
History: L. 1885, ch. 129, § 5; R.S. 1923, 65-102; L. 1974, ch. 352, § 2; L. 1979, ch. 188, § 1; L. 2013, ch. 59, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-102a Materials relating to environmental concerns; public inspection; copies, fee, approval; disposition of moneys.

65-102a.
Materials relating to environmental concerns; public inspection; copies, fee, approval; disposition of moneys.
All correspondence, written materials or other documents relating to environmental concerns, for which public release of such information is not prohibited, shall be available for public inspection in the offices of the secretary of health and environment during regular office hours. Copies of such correspondence, written materials or other documents shall be made available upon request and payment of a fee for each page so provided in an amount fixed by the secretary of health and environment and approved by the director of accounts and reports under K.S.A. 45-204, and amendments thereto, except that no charge shall be made to any member of the legislature obtaining such copies for his or her official use and no charge shall be made for fact sheets and other materials required by federal law or regulation to be supplied to the public. The secretary shall remit all moneys received from such fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1973, ch. 240, § 1; L. 1975, ch. 462, § 69; L. 1978, ch. 347, § 9; L. 2001, ch. 5, § 208; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-102b Confidentiality of information concerning noninfectious diseases; disclosure.

65-102b.
Confidentiality of information concerning noninfectious diseases; disclosure.
Information concerning noninfectious diseases obtained by the secretary under K.S.A. 65-102 is confidential and shall not be disclosed except as provided in this section. The secretary may disclose information concerning noninfectious diseases obtained under K.S.A. 65-102: (a) Upon the 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; or (b) upon the request of an organization or scholarly investigator for legitimate research or data collection purposes so long as such information is disclosed in a manner which will not reveal the identity of the persons who are the subject of the information.
History:
L. 1982, ch. 252, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-103 Special sanitary service.

65-103.
Special sanitary service.
The secretary of health and environment shall when he thinks best to do so appoint committees, or engage suitable persons to render special sanitary service, to make or supervise practical or scientific investigations and examinations requiring expert skill, and to prepare plans and report thereon. It is hereby made the duty of all officers and agents having the control, charge or custody of any public structure, work, ground or erection, or any plan, description, outline drawings, charts thereof or relating thereto, made, kept or controlled under any public authority, to permit and facilitate any examination and inspection ordered by said secretary, and such other officer or person as may at any time be by said secretary authorized, may without fee or hindrance enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings, and places; but the legislature shall first determine the amount which shall be expended during the year for such special sanitary work, and the expenditures shall not exceed the amount thus determined and set apart for the year.
History: L. 1885, ch. 129, § 6; R.S. 1923, 65-103; L. 1974, ch. 352, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-103a Authority to receive federal or other funds.

65-103a.
Authority to receive federal or other funds.
The secretary of health and environment is hereby authorized to receive grants of money and funds appropriated under any federal act or from any other source.
History:
L. 1943, ch. 267, § 1; L. 1970, ch. 245, § 1; L. 1974, ch. 352, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-103b Federal title X funding priorities for family planning services.

65-103b. Federal title X funding priorities for family planning services.
(a) As used in this section:
(1) "Federally qualified health center" means the same as defined in K.S.A. 65-1669, and amendments thereto; and
(2) "hospital" means the same as defined in K.S.A. 65-425, and amendments thereto.
(b) Any expenditures or grants of money by the division of public health of the Kansas department of health and environment for family planning services financed in whole or in part from federal title X moneys shall be made subject to the following priorities:
(1) To public entities, including state, county and local health departments and health clinics; and
(2) if any moneys remain, to non-public entities which are hospitals or federally qualified health centers that provide comprehensive primary and preventative care in addition to family planning services.
History:
L. 2016, ch. 80, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116a Definitions.

65-116a. Definitions.
As used in K.S.A. 65-116a through K.S.A. 65-129f, and amendments thereto:
(a) "Blood" means human blood, human blood components and products made from human blood.
(b) "Health officer" means the secretary of health and environment or the secretary's designee and all local health officers.
(c) "Infectious and contagious diseases" means those diseases so designated by the secretary of health and environment pursuant to K.S.A. 65-128, and amendments thereto.
(d) "Occupational exposure" means skin, eye, mucous membrane or parenteral contact with blood or other potentially infectious materials that might result from the performance of an employee's duties.
(e) "Other potentially infectious materials" means: (1) The human body fluids including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) any unfixed tissue or organ (other than intact skin) from a human (living or dead); (3) cell or tissue cultures containing human immunodeficiency virus (HIV), organ cultures, and culture medium or other solutions containing HIV, the hepatitis B virus (HBV), hepatitis C virus (HCV) and blood, organs, or other tissues from experimental animals infected with HIV, HBV or HCV; and (4) other biological materials, as designated by the secretary of health and environment, capable of transmitting an infectious or contagious disease-causing agent from one person to another.
(f) "Tuberculosis" means a latent infection or active disease caused by the bacterium, mycobacterium tuberculosis.
History:
L. 1957, ch. 467, § 1; L. 1974, ch. 352, § 5; L. 1975, ch. 311, § 1; L. 1980, ch. 182, § 18; L. 2013, ch. 112, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment.

65-116b.
Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
When any health officer shall have reasonable grounds to believe that any person has tuberculosis in a communicable form and will not voluntarily seek a medical examination, it shall be the duty of such health officer to order such person, either orally or in writing, to undergo an examination by a physician qualified in chest diseases, or at some clinic or medical care facility qualified to make such examinations. It shall be the duty of such suspected person to present himself or herself for examination at such time and place as ordered by the health officer. The examination shall include an x-ray of the chest, examination of sputum, and such other forms and types of examinations as shall be approved by the secretary of health and environment.
If, upon examination, it shall be determined that such person has tuberculosis in an active stage or in a communicable form, then it shall be the duty of such tuberculous person to arrange for admission of himself or herself as a patient in some medical care facility qualified to treat persons with tuberculosis or when there is no danger to the public or to other individuals as determined by the health officer, such person may receive treatment on an outpatient basis.
History: L. 1957, ch. 467, § 2; L. 1974, ch. 352, § 6; L. 1975, ch. 311, § 2; October 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116c Precautions to prevent spread of infection, when; investigations.

65-116c.
Precautions to prevent spread of infection, when; investigations.
Whenever it has been determined that any person has tuberculosis in an active stage or in a communicable form, and such person is not immediately admitted as a patient in any medical care facility qualified to treat persons with tuberculosis, it shall be the duty of the health officer to instruct such person as to the precautions necessary to be taken to protect the members of such person's household or the community from becoming infected with tuberculosis communicated by such person, and it shall be the duty of such tuberculous person to conduct himself or herself in such a manner as not to expose members of his or her family or household, or any other person with whom he or she may be associated to danger of infection, and said health officer shall investigate from time to time for the purpose of seeing if said instructions are being carried out in a reasonable and acceptable manner.
History: L. 1957, ch. 467, § 3; L. 1975, ch. 311, § 3; October 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116d Failure to do required acts; proceedings by county attorney.

65-116d.
Failure to do required acts; proceedings by county attorney.
Whenever any person shall fail to do any of the following enumerated acts, the health officer shall file a written notice of such failure with the county or district attorney of the county where such person resides, and said county or district attorney shall institute proceedings to enforce the intent and provisions of this act:
(a) Fail or refuse to present himself or herself to any private physician qualified in chest diseases, or at some clinic, or medical care facility qualified to make such examinations, at such time and place as ordered by the health officer.
(b) Fail or refuse to follow the instructions of the health officer or private physicians qualified in chest diseases or qualified clinic or medical care facility as to the precautions necessary to be taken to protect the members of his or her household, or any member of the community, or any other person with whom he or she might be associated from danger of infection by tuberculosis communicated by such person.
History: L. 1957, ch. 467, § 4; L. 1974, ch. 352, § 184; L. 1975, ch. 311, § 4; October 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116e Commitment to medical care facility; restraint; discharge, when; recommitment.

65-116e.
Commitment to medical care facility; restraint; discharge, when; recommitment.
If any person shall be convicted of any of the violations set forth in paragraphs (a) and (b) of K.S.A. 65-116d, or shall enter a plea of guilty thereto when charged with such violations, then such person shall be committed to a medical care facility qualified to treat tuberculosis. Any patient so committed may, by direction of the health officer or tuberculosis consultant of the medical care facility concerned, be placed apart from the others and restrained from leaving the institution. The tuberculosis consultant of the medical care facility concerned, upon signing and placing among the permanent records of the medical care facility a statement to the effect that such person may be discharged without danger to the health or life of others, may discharge the person so committed at any time during the period of commitment. A copy of such statement shall be sent to the state health officer. If necessary, recommitment may be effected in the same manner as original commitment.
History: L. 1957, ch. 467, § 5; L. 1974, ch. 352, § 185; L. 1975, ch. 311, § 5; October 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116g Penalty for violations of act or regulations.

65-116g.
Penalty for violations of act or regulations.
Any person who violates any provision of this act, or any rules or regulations of the secretary of health and environment for the enforcement of this act, or violates any of the rules or regulations of any institution while a patient therein, or conducts himself in a disorderly manner, shall be guilty of a misdemeanor.
History: L. 1957, ch. 467, § 7; L. 1974, ch. 352, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116h Preservation of individual rights.

65-116h.
Preservation of individual rights.
Nothing in this act shall be construed or operate to empower or authorize the secretary of health and environment or the secretary's designee or a local health officer to restrict in any manner the individual's right to select the mode of treatment of his or her choice.
History:
L. 1957, ch. 467, § 8; L. 1980, ch. 182, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116i Expenses of care, maintenance and treatment; payment from state funds.

65-116i. Expenses of care, maintenance and treatment; payment from state funds.
Except as otherwise provided by K.S.A. 65-116l, and amendments thereto, the expenses incurred in the inpatient care, maintenance and treatment of patients committed under the provisions of K.S.A. 65-116e, and amendments thereto, or of other persons having communicable or infectious tuberculosis who voluntarily agree to accept care and treatment shall be paid from state funds appropriated to the department of health and environment for the purpose of paying medical care facilities and physicians qualified to treat persons infected with tuberculosis.
History:
L. 1975, ch. 311, § 6; L. 2014, ch. 115, § 236; L. 2019, ch. 14, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116j Care, maintenance and treatment; powers and duties of the secretary of health and environment.

65-116j. Care, maintenance and treatment; powers and duties of the secretary of health and environment.
The secretary of health and environment is hereby granted and may exercise the following powers and duties in providing for the care, maintenance and treatment of persons having communicable or infectious tuberculosis:
(a) To select medical care facilities qualified to treat persons infected with tuberculosis for the purpose of caring for, maintaining and treating patients committed in accordance with the provisions of K.S.A. 65-116e, and amendments thereto, and other persons having communicable or infectious tuberculosis who voluntarily agree to accept care and treatment by a medical care facility on either an inpatient or an outpatient basis;
(b) to inspect the facilities, operations and administration of those medical care facilities receiving financial assistance from the Kansas department for aging and disability services for the purpose of providing care, maintenance or treatment for persons infected with communicable or infectious tuberculosis;
(c) to provide public health nursing services to persons having infectious or communicable tuberculosis who are being treated on an outpatient basis; and
(d) to adopt rules and regulations establishing standards for the hospital admission and discharge, care, treatment and maintenance of persons having communicable or infectious tuberculosis.
History:
L. 1975, ch. 311, § 7; L. 2014, ch. 115, § 237; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116k Rules and regulations of the secretary of health and environment; payments for care and treatment.

65-116k. Rules and regulations of the secretary of health and environment; payments for care and treatment.
The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing reasonable rates and administrative procedures to be followed in making payments to the medical care facilities and physicians providing care and treatment under the provisions of this act. Payments shall only be made directly to medical care facilities and physicians except that this act shall not be deemed to create any rights or causes of action against the state or the secretary of health and environment in such a medical care facility or physician, their heirs or assigns. No payments shall be made for expenses incurred prior to the time the secretary assumes payment responsibility and payments made by the secretary on behalf of an individual eligible for payments under the provisions of this act shall constitute a complete settlement of the claim upon which such payment is based.
History:
L. 1975, ch. 311, § 8; L. 2014, ch. 115, § 238; L. 2019, ch. 14, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116l Use of funds for care, maintenance or treatment; limitations.

65-116l. Use of funds for care, maintenance or treatment; limitations.
No funds appropriated to the department of health and environment for the purpose of carrying out the provisions of K.S.A. 65-116i, and amendments thereto, shall be used for meeting the cost of the care, maintenance or treatment of any person who has communicable or infectious tuberculosis by a medical care facility on an inpatient basis to the extent that such cost is covered by insurance or other third party payments, or to the extent that such person or a person who is legally responsible for the support of such person is able to assume the cost of such care, maintenance, treatment or transportation. The secretary of health and environment in determining the ability of a person to assume such costs shall consider the following factors: (a) The age of such person; (b) the number of such person's dependents and their ages and physical condition; (c) the person's length of care, maintenance or treatment, if such person is the person receiving the care, maintenance or treatment; (d) such person's liabilities; (e) such person's assets; and (f) such other factors as the secretary deems important. The secretary of health and environment may adopt rules and regulations necessary to carry out the provisions of this section.
History:
L. 1975, ch. 311, § 9; L. 2014, ch. 115, § 239; L. 2019, ch. 14, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-116m Recovery of cost of care, maintenance or treatment from third parties.

65-116m. Recovery of cost of care, maintenance or treatment from third parties.
Where funds appropriated to the department of health and environment have been expended for the purpose of meeting the cost of the care, maintenance or treatment of any person who has communicable or infectious tuberculosis pursuant to the provisions of this act and a third party has a legal obligation to pay such cost to or on behalf of the recipient, the secretary of health and environment may recover the same from the recipient or from the third party and in all respects shall be subrogated to the rights of the recipient in such cases.
History:
L. 1975, ch. 311, § 10; L. 2014, ch. 115, § 240; L. 2019, ch. 14, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-119 Duties and powers of local health officers; contagious diseases; confidentiality of information; disclosure, when.

65-119.
Duties and powers of local health officers; contagious diseases; confidentiality of information; disclosure, when.
(a) Any county or joint board of health or local health officer having knowledge of any infectious or contagious disease, or of a death from such disease, within their jurisdiction, shall immediately exercise and maintain a supervision over such case or cases during their continuance, seeing that all such cases are properly cared for and that the provisions of this act as to isolation, restriction of communication, quarantine and disinfection are duly enforced. The county or joint board of health or local health officer shall communicate without delay all information as to existing conditions to the secretary of health and environment. The local health officer shall confer personally, if practicable, otherwise by letter, with the person in attendance upon the case, as to its future management and control. The county or joint board of health or local health officer is hereby empowered and authorized to prohibit public gatherings when necessary for the control of any and all infectious or contagious disease.
(b) Any disclosure or communication of information relating to infectious or contagious diseases required to be disclosed or communicated under subsection (a) of this section shall be confidential and shall not be disclosed or made public beyond the requirements of subsection (a) of this section or subsection (a) of K.S.A. 65-118, except as otherwise permitted by subsection (c) of K.S.A. 65-118.
History:
L. 1901, ch. 285, § 3; R.S. 1923, 65-119; L. 1953, ch. 283, § 2; L. 1974, ch. 352, § 8; L. 1976, ch. 262, § 2; L. 1979, ch. 189, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when.

65-122.
Schools and child care facilities; non-admissions and exclusions; readmissions, when.
No person afflicted with an infectious or contagious disease dangerous to the public health shall be admitted into any public, parochial or private school or licensed child care facility. It shall be the duty of the parent or guardian, and the principal or other person in charge of any public, parochial, private school or licensed child care facility to exclude therefrom any child or other person affected with a disease suspected of being infectious or contagious until the expiration of the prescribed period of isolation or quarantine for the particular infectious or contagious disease. If the attending person licensed to practice medicine and surgery or local health officer finds upon examination that the person affected with a disease, suspected of being infectious or contagious is not suffering from an infectious or contagious disease, he or she may submit a certificate to this effect to the person in charge of the public, parochial, private school or licensed child care facility and such person shall be readmitted to school or to the child care facility.
History:
L. 1901, ch. 285, § 6; R.S. 1923, 65-122; L. 1953, ch. 283, § 3; L. 1976, ch. 262, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-123 Funeral services.

65-123.
Funeral services.
Funeral services for individuals who have died while suffering from an infectious or contagious disease shall be conducted in accordance with rules and regulations of the secretary of health and environment. In diseases requiring quarantine of contacts, a public funeral service may be permitted only if the casket remains closed and those contacts subject to quarantine who attend the funeral are adequately segregated from the public.
History:
L. 1901, ch. 285, § 7; R.S. 1923, 65-123; L. 1953, ch. 283, § 4; L. 1974, ch. 352, § 9; L. 1976, ch. 262, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-126 Quarantine of city, township or county.

65-126.
Quarantine of city, township or county.
Whenever the county or joint board of health or the local health officer neglects to properly isolate and quarantine infectious or contagious diseases and persons afflicted with or exposed to such diseases as may be necessary to prevent the spread thereof, the secretary of health and environment may quarantine any area in which any of these diseases may show a tendency to become epidemic.
History:
L. 1901, ch. 285, § 10; R.S. 1923, 65-126; L. 1953, ch. 283, § 5; L. 1974, ch. 352, § 10; L. 1976, ch. 262, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-127 Penalty provision.

65-127.
Penalty provision.
Any person found guilty of violating any of the provisions of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126, and any amendments thereto, or failing to comply with any requirements thereof shall be fined, upon conviction, not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense.
History:
L. 1901, ch. 285, § 11; R.S. 1923, 65-127; L. 1976, ch. 262, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-128 Rules and regulations of secretary to prevent spread and dissemination of diseases; testing and quarantine; protection of providers and recipients of services.

65-128. Rules and regulations of secretary to prevent spread and dissemination of diseases; testing and quarantine; protection of providers and recipients of services.
(a) For the protection of the public health and for the control of infectious or contagious diseases, the secretary of health and environment by rules and regulations shall designate such diseases as are infectious or contagious in their nature.
(b) The secretary of health and environment is authorized to issue such orders and adopt rules and regulations as may be medically necessary and reasonable to prevent the spread and dissemination of diseases injurious to the public health, including, but not limited to, providing for the testing for such diseases and the isolation and quarantine of persons afflicted with or exposed to such diseases.
(c) No later than January 1, 2014, the secretary shall develop and adopt rules and regulations providing for the protection of individuals who provide medical or nursing services, clinical or forensic laboratory services, emergency medical services and firefighting, law enforcement and correctional services, or who provide any other service, or individuals who receive any such services or are in any other employment where the individual may encounter occupational exposure to blood and other potentially infectious materials.
History:
L. 1917, ch. 205, § 1; R.S. 1923, 65-128; L. 1953, ch. 283, § 6; L. 1965, ch. 506, § 25; L. 1974, ch. 352, § 11; L. 1976, ch. 262, § 7; L. 1988, ch. 232, § 9; L. 2013, ch. 112, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-128a Chy J. Miller's law.

65-128a. Chy J. Miller's law.
The changes to law in K.S.A. 65-116a and 65-128 made by this act* shall be known as Chy J. Miller's law.
History:
L. 2013, ch. 112, § 3; July 1.
* This act is 2013 Substitute for House Bill No. 2183; L.2013, ch. 112.