reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5612 Rights saved in legal actions and proceedings.

75-5612.
Rights saved in legal actions and proceedings.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any existing state agency mentioned in this order, or by or against any officer of the state in his or her official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the taking effect of reorganization under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such existing state agency, or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History:
L. 1974, ch. 351, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5613 Certain officers and employees serving on July 1, 1974, transferred to new department; civil service and retirement benefits preserved.

75-5613.
Certain officers and employees serving on July 1, 1974, transferred to new department; civil service and retirement benefits preserved.
Effective July 1, 1974, officers and employees who were engaged immediately prior to said date in the performance of powers, duties and functions of any existing state agency which becomes a part of the department of health and environment created by this act or the powers duties and functions of which are transferred to the department of health and environment created by this act, and who, in the opinion of the secretary of health and environment, are necessary to perform the powers, duties and functions of the department of health and environment, or of any division, section or other unit thereof shall become officers and employees of the department of health and environment, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1974, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations. This section shall not apply to members of boards, commissions and councils.
History:
L. 1974, ch. 351, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5616 Advisory committees; creation and compensation.

75-5616.
Advisory committees; creation and compensation.
The secretary of health and environment may create advisory committees. Such advisory committees shall receive as compensation an amount determined by the secretary and approved by the finance council.
History:
L. 1974, ch. 351, § 16; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5617 Disposition of property of agency where functions divided and transferred; determination by governor.

75-5617.
Disposition of property of agency where functions divided and transferred; determination by governor.
In all cases where, under the provisions of this order, part or all of the powers, duties and functions of any existing state agency are divided between the department of health and environment and any other existing state agency or newly created department, division or officer, the department of health and environment shall succeed to all property and records which were used for, or pertained to, the performance of the powers, duties and functions transferred to it. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer or abolishment, of any existing state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History:
L. 1974, ch. 351, § 17; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5618 Conflicts as to disposition of powers, functions, duties or funds of agency dissolved or transferred; resolved by governor.

75-5618.
Conflicts as to disposition of powers, functions, duties or funds of agency dissolved or transferred; resolved by governor.
When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this order, or under authority of this order, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1974, ch. 351, § 18; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5619 Secretary may organize department; duties of division heads and staff assistants; delegation of authority; duties and powers of personnel of divisions.

75-5619.
Secretary may organize department; duties of division heads and staff assistants; delegation of authority; duties and powers of personnel of divisions.
The secretary of health and environment may organize the department of health and environment in the manner he or she deems most efficient, so long as the same is not in conflict with law. The division heads and staff assistants shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary of health and environment may prescribe. Such division heads shall act for, and exercise the powers of the secretary of health and environment to the extent authority to do so is delegated by the secretary of health and environment. The secretary of health and environment shall delegate to the director of the division of environment, created by this act, the powers, duties and functions vested in the division of environmental health, director of the division of environmental health and engineer of the state board of health prior to the effective date of this act, except as is herein otherwise provided. Personnel of each division shall perform such duties and exercise such powers as the head of the division may prescribe and such duties and powers as are prescribed by law. Personnel of each division shall act for, and exercise the powers of their division head to the extent authority to do so is delegated by the division head.
History:
L. 1974, ch. 351, § 19; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5620 Report by secretary; persons receiving.

75-5620.
Report by secretary; persons receiving.
Not more than six (6) months after the effective date of this order, the secretary of health and environment shall report to the governor, the speaker of the house of representatives and the president of the senate. Such report shall contain specific recommendations for possible consolidation or transfer of powers, duties or functions within the department of health and environment.
History:
L. 1974, ch. 351, § 20; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5621 Existing department, board, divisions and offices of directors abolished; functions transferred.

75-5621.
Existing department, board, divisions and offices of directors abolished; functions transferred.
The Kansas state department of health, the state board of health, the division of environmental health, the director of the division of environmental health, the division of food and drug, the director of the division of food and drug, the division of laboratories, the director of the division of laboratories, the division of registration and health statistics, the director of the division of registration and health statistics, the division of vital statistics established by K.S.A. 65-2402, the state registrar of vital statistics established by K.S.A. 65-2405, the division of health education, the director of the division of health education, the division of epidemiology and disease control, the director of the division of epidemiology and disease control, the division of maternal and child health, the director of the division of maternal and child health, the division of child hygiene created by K.S.A. 65-152, the division of medical and dental health, the director of the division of medical and dental health, the division of hospital facilities, the director of the division of hospital facilities, both established by K.S.A. 65-412, are upon the effective date of this order abolished. All functions of such department, board, divisions and officers are transferred as provided in this act and no function is abolished hereby.
History:
L. 1974, ch. 351, § 21; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5622 Air quality conservation commission, solid waste advisory council, water well contractors advisory council and certain existing committees abolished.

75-5622.
Air quality conservation commission, solid waste advisory council, water well contractors advisory council and certain existing committees abolished.
The air quality conservation commission created by K.S.A. 65-3004, the solid waste advisory council created by K.S.A. 65-3403 and 65-3404, the water well contractors advisory council created by K.S.A. 82a-1204 and all existing committees created under the authority of K.S.A. 49-419 are hereby abolished.
History:
L. 1974, ch. 351, § 22; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5623 Custody of records, memoranda and writings.

75-5623.
Custody of records, memoranda and writings.
Except as otherwise provided in this order, the secretary of health and environment shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof, of any act, transaction, occurrence or event of the department of health and environment.
History:
L. 1974, ch. 351, § 23; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5624 Seal of secretary.

75-5624.
Seal of secretary.
The secretary of health and environment shall keep a seal which shall be surrounded by the words "secretary of health and environment of Kansas," which shall be of such diameter and with such device as the governor and the secretary of health and environment may prescribe, an impression of which shall be filed in the office of secretary of state.
History:
L. 1974, ch. 351, § 24; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5625 Secretary to adopt all general policies and rules and regulations.

75-5625.
Secretary to adopt all general policies and rules and regulations.
The secretary of health and environment shall adopt all general policies and rules and regulations relating to all forms of health and environment which are administered or supervised by or under the department of health and environment.
History:
L. 1974, ch. 351, § 25; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5626 Food service and lodging board abolished; powers, duties and functions transferred to secretary of health and environment; rules and regulations, orders and directives of board continued in effect until revised, amended or repealed.

75-5626.
Food service and lodging board abolished; powers, duties and functions transferred to secretary of health and environment; rules and regulations, orders and directives of board continued in effect until revised, amended or repealed.
(a) The state food service and lodging board created by K.S.A. 74-3801 is hereby abolished, and all of the powers, duties and functions of said state food service and lodging board are hereby transferred to and conferred and imposed upon the secretary of health and environment.
(b) The secretary of health and environment shall be a continuation of the state food service and lodging board and shall be the successor in every way to the powers, duties and functions of the state food service and lodging board in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of health and environment shall be deemed to have the same force and effect as if performed by the state food service and lodging board in which such functions were vested prior to the effective date of this act.
(c) Whenever the state food service and lodging board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment.
(d) All rules and regulations of the state food service and lodging board in existence on the effective date of this act shall continue in force and effect and shall be deemed to be duly adopted rules and regulations of the secretary of health and environment, until revised, amended, revoked or nullified pursuant to law.
(e) All orders and directives of the state food service and lodging board in existence on the effective date of this act shall continue in force and effect and shall be deemed to be duly issued orders and directives of the secretary of health and environment, until revised, amended or nullified pursuant to law.
History:
L. 1975, ch. 314, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5627 Certain officers and employees of board transferred to department of health and environment; civil service and retirement benefits preserved.

75-5627.
Certain officers and employees of board transferred to department of health and environment; civil service and retirement benefits preserved.
All officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functions of the state food service and lodging board and who, in the opinion of the secretary of health and environment, are necessary to perform the powers, duties and functions of the department of health and environment, shall become officers and employees of the department of health and environment. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1975, ch. 314, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5628 Conflicts resulting from abolishment or transfers made by this act; determination by governor; transfer of property and records.

75-5628.
Conflicts resulting from abolishment or transfers made by this act; determination by governor; transfer of property and records.
(a) When any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any abolishment or transfer made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) The department of health and environment shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the department under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the abolishment of the state food service and lodging board and the transfer of the board's powers, duties and functions to the secretary of health and environment, shall be determined by the governor, whose decision shall be final.
History:
L. 1975, ch. 314, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5637 Crippled children's commission abolished; powers, duties and functions transferred.

75-5637.
Crippled children's commission abolished; powers, duties and functions transferred.
For the purpose of consolidating and coordinating certain functions within the executive branch of state government, the crippled children's commission established by K.S.A. 74-3401 is hereby abolished, and all of the powers, duties, functions, records, property and personnel of the crippled children's commission are hereby transferred to the secretary of health and environment, except as otherwise provided in this order.
History:
L. 1977, ch. 283, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5638 Same; transfer of powers, duties and functions to secretary of health and environment; preservation of rules and regulations, orders and directives.

75-5638.
Same; transfer of powers, duties and functions to secretary of health and environment; preservation of rules and regulations, orders and directives.
(a) The secretary of health and environment shall be the successor in every way to the powers, duties and functions of the crippled children's commission in which such powers, duties and functions were vested prior to the effective date of this order, except as otherwise provided in this order.
(b) The secretary of health and environment shall be the successor in every way to the powers, duties and functions of the administrative officer of the crippled children's commission in which the same were vested prior to the effective date of this order, except as otherwise provided in this order.
(c) Whenever the commission for crippled children or crippled children's commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment.
(d) Whenever the administrative officer of the crippled children's commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment.
(e) All rules and regulations and all orders and directives of the crippled children's commission in existence on the effective date of this order shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the secretary of health and environment, until revised, amended, repealed or nullified pursuant to law.
History:
L. 1977, ch. 283, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5639 Same; transfer of appropriations and moneys received from private persons or organizations.

75-5639.
Same; transfer of appropriations and moneys received from private persons or organizations.
On the effective date of this order, all unexpended balances of appropriations to the crippled children's commission and all moneys received by the crippled children's commission from private persons or organizations shall be transferred to the secretary of health and environment to carry out the powers, duties and functions transferred to the secretary by the provisions of this order.
History:
L. 1977, ch. 283, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5640 Same; rights saved in legal actions and proceedings.

75-5640.
Same; rights saved in legal actions and proceedings.
No suit, action, or other proceedings, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the crippled children's commission abolished by this order, or by or against any employee of the crippled children's commission in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the crippled children's commission or any employee affected.
History:
L. 1977, ch. 283, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5641 Same; transfer of officers and employees to department; civil service and retirement benefits preserved.

75-5641.
Same; transfer of officers and employees to department; civil service and retirement benefits preserved.
On the effective date of this order, all officers and employees who were engaged immediately prior to the effective date of this order in the performance of powers, duties and functions of the crippled children's commission and who, in the opinion of the secretary of health and environment, are necessary to perform the powers, duties and functions transferred to the secretary of health and environment under the provisions of this order shall become officers and employees of the department of health and environment. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this order, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1977, ch. 283, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5642 Same; conflicts as to disposition of any power, duty, function, appropriation, money, property or records resolved by governor.

75-5642.
Same; conflicts as to disposition of any power, duty, function, appropriation, money, property or records resolved by governor.
(a) When any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation or any unexpended moneys received by the crippled children's commission from private persons or organizations as a result of any abolishment or transfer made by this order, or under authority of this order, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) When any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this order, or under authority of this order, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1977, ch. 283, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5643 Advisory commission for children with special health care needs; composition; appointment; vacancies; compensation.

75-5643.
Advisory commission for children with special health care needs; composition; appointment; vacancies; compensation.
There is hereby created an advisory commission for children with special health care needs, which shall consist of five members and which shall be within the department of health and environment as a part thereof. Persons serving as members of the advisory commission for children with special health care needs immediately prior to the effective date of this act shall become members of the advisory commission for children with special health care needs and shall serve until the expiration of the terms for which they were appointed as members of the advisory commission for children with special health care needs. On the expiration of any member's term of office, the governor shall appoint a successor who shall serve for a term of four years, and until a successor has been appointed and qualified. Any vacancy on the advisory commission for children with special health care needs shall be filled by the governor for the unexpired term.
Members of the advisory commission for children with special health care needs attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History:
L. 1977, ch. 283, § 7; L. 1984, ch. 226, § 10; L. 1988, ch. 241, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5644 Duties of advisory commission; meetings; clerical services.

75-5644.
Duties of advisory commission; meetings; clerical services.
The advisory commission for children with special health care needs shall consult with and advise the secretary of health and environment on matters relating to children with special health care needs. All expenditures by the secretary of health and environment from the special bequest fund shall be subject to the approval of the advisory commission for children with special health care needs. The advisory commission for children with special health care needs shall meet at least once each year or upon the call of the secretary of health and environment. The secretary of health and environment shall provide to the advisory commission for children with special health care needs all necessary clerical services.
History:
L. 1977, ch. 283, § 8; L. 1984, ch. 226, § 11; L. 1988, ch. 241, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5645 Compensation of officers and employees of abolished agencies; liability assumed by department of health and environment.

75-5645.
Compensation of officers and employees of abolished agencies; liability assumed by department of health and environment.
On July 1, 1977, liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the crippled children's commission or the powers, duties and functions transferred to the secretary of health and environment by this order, shall be assumed and paid by the department of health and environment.
History:
L. 1977, ch. 283, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5646 References to crippled and chronically ill children's program apply to services for children with special health care needs.

75-5646.
References to crippled and chronically ill children's program apply to services for children with special health care needs.
Whenever the crippled and chronically ill children's program is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to services for children with special health care needs.
History:
L. 1988, ch. 241, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5647 References to advisory commission for crippled and chronically ill children apply to the advisory commission for children with special health care needs.

75-5647.
References to advisory commission for crippled and chronically ill children apply to the advisory commission for children with special health care needs.
Whenever the advisory commission for crippled and chronically ill children is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the advisory commission for children with special health care needs.
History:
L. 1988, ch. 241, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5648 Infants and toddlers with disabilities; definitions.

75-5648.
Infants and toddlers with disabilities; definitions.
As used in this act:
(a) "Infants and toddlers with disabilities" means children from birth through two years of age who need early intervention services because:
(1) They are experiencing developmental delays; or
(2) they have a diagnosed mental or physical condition that has a high probability of resulting in developmental delay.
(b) "Early intervention services" means developmental services which are designed to meet the developmental needs of each eligible child and the needs of the family related to enhancing the child's development.
(c) "Lead agency" means the Kansas department of health and environment, designated by the governor to perform the duties described in K.S.A. 75-5649 and amendments thereto.
(d) "Council" means the coordinating council on early childhood developmental services established in K.S.A. 74-7801 to 74-7803 and amendments thereto.
(e) "Local council" means an interagency coordinating council established in a local community for the purpose of coordinating early intervention services for infants and toddlers with disabilities and their families who reside within that local community.
History:
L. 1992, ch. 126, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5649 Same; early intervention services; rules and regulations; duties of secretary of health and environment.

75-5649.
Same; early intervention services; rules and regulations; duties of secretary of health and environment.
The secretary of health and environment may adopt rules and regulations in order to carry out the responsibilities of the lead agency under PL 102-119, Part H which include, but are not limited to:
(a) The administration of federal and state funds designated for this program;
(b) the entry into contracts with agencies in a local community which have been designated by a local council as the providers of services within their community;
(c) the development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner;
(d) a procedure for contracting or making of other arrangements with service providers to provide early intervention services in Kansas;
(e) procedural safeguards with respect to programs under this early intervention system shall include, but are not limited to, procedures which address resolution of complaints, confidentiality issues, ability of parents to examine records, informed consent, provision of services during disputes and adequate notice to parents;
(f) procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this program are appropriately and adequately prepared and trained;
(g) a system for compiling data on the numbers of infants and toddlers with disabilities and their families in Kansas in need of appropriate early intervention services, the number of such infants and toddlers and their families served, types of services provided, and other information required by the United States secretary of education;
(h) the development of an early intervention service system which shall consist of local councils which plan and coordinate early intervention services for infants and toddlers with disabilities and their families; and
(i) a procedure for making grants or other funding mechanisms, within the limits of appropriations, by the secretary of health and environment to local community agencies or entities to provide comprehensive, coordinated, multidisciplinary, interagency, early intervention services for infants and toddlers with disabilities and their families.
History:
L. 1992, ch. 126, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5657 Environmental protection grant program; contracts; plans, approval; rules and regulations.

75-5657.
Environmental protection grant program; contracts; plans, approval; rules and regulations.
(a) On and after January 1, 1990, the state of Kansas shall provide state environmental protection grants to local health departments or other local entities for the purpose of developing and implementing environmental protection plans and programs. A local entity or the Kansas department of health and environment may enter into contracts to develop, implement or carry out any elements of the local environmental protection plan or program.
(b) The governing board of any local health department or other local entity desiring to receive a state environmental protection grant pursuant to this act shall indicate its intent to develop an environmental protection plan to implement the environmental protection strategy of the state water plan. An environmental protection plan should include, but not be limited to, the sanitary code, subdivision water and wastewater plan, solid waste management plan, hazardous waste management plan, public water supply protection plan and nonpoint source pollution control plan.
(c) A local health department or other local entity may request certification by the secretary that it has an approved environmental protection plan and is prepared to assume a program of permitting, inspection, compliance and enforcement of specified elements of the department's environmental protection plan. The secretary shall provide guidance on achieving environmental results for certification of local programs and audit annually each local program based on achievement of environmental results.
(d) The secretary of health and environment may adopt such rules and regulations as necessary for the administration of this section.
History:
L. 1989, ch. 186, § 35; May 18.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5660 Driving under the influence fund; disposition of moneys.

75-5660. Driving under the influence fund; disposition of moneys.
(a) There is hereby established in the state treasury the driving under the influence fund.
(b) Moneys in the driving under the influence fund shall be used by the department of health and environment only for the purposes of: (1) Purchasing breath alcohol concentration testing equipment, including, but not limited to, laboratory enhancement; (2) for purposes relating to presentation of evidence in prosecution in cases involving driving under the influence; and (3) establishing and maintaining drivers' safety and breath alcohol programs.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the driving under the influence fund interest earnings based on:
(1) The average daily balance of moneys in the driving under the influence fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the driving under the influence fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
(e) On the effective date of this act:
(1) The director of accounts and reports shall transfer all moneys in the driving under the influence equipment fund to the driving under the influence fund;
(2) all liabilities of the driving under the influence equipment fund existing prior to that date are hereby imposed on the driving under the influence fund; and
(3) the driving under the influence equipment fund is hereby abolished.
History:
L. 1995, ch. 208, § 4; L. 2002, ch. 33, § 1; L. 2014, ch. 1, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5661 Management of mammal exposed to rabies.

75-5661.
Management of mammal exposed to rabies.
(a) As used in this section, "exposed to rabies" means a bite, scratch or abrasion by a known or suspected rabid mammal, or open wound or mucous membrane contact with the saliva or brain tissue from a known or suspected rabid mammal.
(b) Any law enforcement officer or local health officer, upon private or public property, may take up any mammal which has exposed to rabies a person or other mammal.
(c) The mammal shall be managed in a manner as described in rules and regulations adopted by the secretary of health and environment.
History:
L. 1996, ch. 26, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5662 Publication of certain documents required; fee.

75-5662.
Publication of certain documents required; fee.
(a) The secretary of health and environment shall publish all general policies, guidelines, standards and other documents that are used by the division of environment as part of the division's regulatory functions. The publication shall be supplemented at least annually. The division of the environment shall make the publication available upon request for a fee to be fixed by the secretary in an amount which will recover only the cost incurred by the division for printing and binding such materials, except that the fee for the original publication of all such documents shall not exceed $75 and the fee for the annual supplement shall not exceed $15. The publication or supplement may incorporate by reference or contain a bibliographic listing of documents that are published or protected by copyright if such documents are generally available to the public or are provided by the division to any citizen upon request in accordance with the provisions of K.S.A. 45-219 et seq., and amendments thereto.
(b) There is hereby established in the state treasury the health and environment publication fee fund. All moneys received by the department of health and environment from fees received pursuant to subsection (a) shall be remitted 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 health and environment publication fee fund. Moneys in such fund shall be used only for paying the expenses of publishing documents as required by subsection (a). 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 of health and environment or a person designated by the secretary.
History:
L. 1996, ch. 189, § 1; L. 2001, ch. 5, § 404; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5663 Definitions.

75-5663.
Definitions.
As used in K.S.A. 75-5663 to 75-5670, inclusive, and amendments thereto:
(a) "Advisory committee" means the advisory committee on trauma established under K.S.A. 75-5664, and amendments thereto.
(b) "Council" means one of the regional trauma councils.
(c) "Hospital" means a hospital as defined by K.S.A. 65-425, and amendments thereto.
(d) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.
(e) "Secretary" means the secretary of health and environment.
History:
L. 1999, ch. 127, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5666 Trauma registry, development; data collection, immunity from liability for entities reporting, confidentiality of information.

75-5666.
Trauma registry, development; data collection, immunity from liability for entities reporting, confidentiality of information.
(a) The secretary of health and environment shall develop and maintain a statewide trauma registry. All prehospital trauma providers, designated trauma facilities and medical care facilities that provide any service or care to or for persons with trauma injury in this state shall collect and report to the trauma registry data and information deemed appropriate by the secretary to monitor patient outcome.
(b) The secretary is hereby authorized to collect data pertaining to all trauma care occurring in Kansas. The secretary shall adopt rules and regulations which use the most efficient, least intrusive means for collecting the trauma care data consistent with ensuring the quality, timeliness, completeness and confidentiality of the trauma registry.
(c) Any health care provider, whether a person or institution, who reports trauma information to the registry in good faith and without malice, in accordance with the requirements of this section, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such report. Notwithstanding K.S.A. 60-427, and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by this act by any health care provider. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
(d) The information obtained by the trauma registry, including discussions and activities using the information generated from the trauma registry, shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information may be disclosed if:
(1) No person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) all persons who are identifiable in the information to be disclosed consent in writing to its disclosure;
(3) the disclosure is necessary, and only to the extent necessary, to protect the public health and to support quality improvement as defined in K.S.A. 65-4914 and 65-4915, and amendments thereto; or
(4) the information to be disclosed is required in a court proceeding involving child abuse and the information is disclosed in camera.
History:
L. 1999, ch. 127, § 4; L. 2006, ch. 111, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5667 Disclosure statement for trauma patient.

75-5667.
Disclosure statement for trauma patient.
To aid the purposes of K.S.A. 75-5663 through 75-5666, and amendments thereto, one of the documents given to the trauma patient or responsible party accompanying the trauma patient shall contain a disclosure statement stating that nonidentifying data regarding the trauma injury and trauma care may be reported to a central registry to facilitate better prevention and care of trauma injuries.
History:
L. 1999, ch. 127, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5668 Right to choose provider and care not limited.

75-5668.
Right to choose provider and care not limited.
Nothing in the trauma system act shall limit a patient's right to choose the physician, hospital, facility, rehabilitation center, specialty level burn or pediatric trauma center, or other provider of health care services. Nothing in K.S.A. 75-5663 to 75-5670, inclusive, and amendments thereto, shall limit an individual's right to choose care in accordance with a method of treatment which relies on spiritual means alone for healing.
History:
L. 1999, ch. 127, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5669 Consistency with federal law.

75-5669.
Consistency with federal law.
The statutes, rules and regulations and procedures shall be consistent with the federal consolidated omnibus budget reconciliation act of 1989, 42 U.S.C. § 1395cc (COBRA) and the emergency medical treatment and active labor act, 42 U.S.C. § 1395dd (EMTALA).
History:
L. 1999, ch. 127, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5670 Trauma fund established.

75-5670.
Trauma fund established.
(a) There is hereby established in the state treasury the trauma fund which shall be administered by the secretary of health and environment. All moneys received from fees collected under K.S.A. 12-4117 and 28-172a, and amendments thereto, for the purpose of financing the activities and expenses of the secretary in administration of K.S.A. 75-5663 to 75-5670, inclusive, and amendments thereto, regional trauma councils, and the trauma registry, shall be remitted 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 trauma fund. All expenditures from the trauma fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by such secretary.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the trauma fund established in subsection (a) interest earnings based on:
(1) The average daily balance of money in the trauma fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 1999, ch. 127, § 8; L. 1999, ch. 151, § 1; L. 2001, ch. 5, § 405; July 1.