Kansas Statutes

Chapter 65: Public Health

Article 1: Secretary Of Health And Environment, Activities

Statutes:

• 65-101: Health supervision; investigation of causes of disease, sickness and death; sanitation inspections; prevention of spread of disease; outreach services; rules and regulations; injunction.
• 65-102: Registration of vital statistics and diseases; forms.
• 65-102a: Materials relating to environmental concerns; public inspection; copies, fee, approval; disposition of moneys.
• 65-102b: Confidentiality of information concerning noninfectious diseases; disclosure.
• 65-103: Special sanitary service.
• 65-103a: Authority to receive federal or other funds.
• 65-104:
• 65-105:
• 65-106 to 65-116:
• 65-116a: Definitions.
• 65-116b: Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
• 65-116c: Precautions to prevent spread of infection, when; investigations.
• 65-116d: Failure to do required acts; proceedings by county attorney.
• 65-116e: Commitment to medical care facility; restraint; discharge, when; recommitment.
• 65-116f:
• 65-116g: Penalty for violations of act or regulations.
• 65-116h: Preservation of individual rights.
• 65-116i: Expenses of care, maintenance and treatment; payment from state funds.
• 65-116j: Care, maintenance and treatment; powers and duties of the secretary of health and environment.
• 65-116k: Rules and regulations of secretary of social and rehabilitation services; payments for care and treatment.
• 65-116l: Use of funds for care, maintenance or treatment; limitations.
• 65-116m: Recovery of cost of care, maintenance or treatment from third parties.
• 65-117:
• 65-118: Reporting to local health authority as to infectious or contagious diseases; persons reporting; immunity from liability; confidentiality of information; disclosure.
• 65-119: Duties and powers of local health officers; contagious diseases; confidentiality of information; disclosure, when.
• 65-120:
• 65-121:
• 65-122: Schools and child care facilities; non-admissions and exclusions; readmissions, when.
• 65-123: Funeral services.
• 65-124:
• 65-125:
• 65-126: Quarantine of city, township or county.
• 65-127: Penalty provision.
• 65-128: Rules and regulations of secretary for isolation and quarantine; publication; definition.
• 65-129: Penalties for unlawful acts.
• 65-129a: Definitions.
• 65-129b: Infections or contagious diseases; authority of local health officer or secretary; evaluation or treatment orders, isolation or quarantine orders; enforcement.
• 65-129c: Same; orders for isolation or quarantine; form and content; notice; hearing in district court; application and effect; procedure; orders for relief; emergency rules of procedure.
• 65-129d: Same; unlawful discharge from employment.
• 65-129e: Tuberculosis evaluation requirements for certain students; rules and regulations; evaluation criteria; treatment and monitoring of infected persons.
• 65-130 to 65-132:
• 65-133:
• 65-134:
• 65-134a:
• 65-135 to 65-141:
• 65-142:
• 65-142a:
• 65-143:
• 65-144:
• 65-145 to 65-147:
• 65-148, 65-149:
• 65-150:
• 65-151:
• 65-152:
• 65-153: Child hygiene; duties of division of health.
• 65-153a:
• 65-153b: Newly born infant; treatment of eyes.
• 65-153c: Same; duty of physician and others.
• 65-153d: Same; rules and regulations.
• 65-153e: Same; penalty for violating 65-153b to 65-153e.
• 65-153f: Prenatal serological tests for syphilis and hepatitis b; approved laboratories; laboratory reports, confidentiality.
• 65-153g: Same; how reported.
• 65-153h: Same; misdemeanor.
• 65-154, 65-155:
• 65-156: Regulations and fees.
• 65-157: Same; analysis by office of laboratory services; disposition of fees.
• 65-158:
• 65-159: Abatement of nuisances; failure to remove, penalties.
• 65-160: Same; duty of county attorney.
• 65-161: Definitions.
• 65-162:
• 65-162a: Public water supply systems; definitions.
• 65-163: Public water supply systems and water treatment residues; regulation; permits; investigations.
• 65-163a: Same; cessation of water delivery, when; order by secretary, judicial review.
• 65-163b:
• 65-163c: Same; public water supply fee fund; authorized expenditures; interest transferred from state general fund.
• 65-163d: Public water supply project loan program; definitions.
• 65-163e: Same; public water supply loan fund established; sources of revenue; purposes for disbursements therefrom.
• 65-163f: Same; authority and duties of the secretary of health and environment; rules and regulations.
• 65-163g: Same; project priority system development; priority list preparation, considerations.
• 65-163h: Same; intended use plan for available moneys.
• 65-163i: Same; applications for loans; loan agreements, provisions; provision of technical assistance by secretary.
• 65-163j: Same; loan repayment sources of municipalities; imposition of charges by secretary; remedy for failure to repay project loans; maintenance of project accounts.
• 65-163k: Same; annual reports.
• 65-163l: Same; authority to issue bonds.
• 65-163m: Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
• 65-163n: Same; bonds issued not state indebtedness; enforcibility of contracts, agreements and covenants.
• 65-163o: Same; issuance of refunding bonds.
• 65-163p: Same; disposition of revenue derived from bond sales.
• 65-163q: Same; income from bonds exempt from taxation.
• 65-163r: Same; bonds deemed legal and proper securities for investment by governmental entities.
• 65-163s: Same; powers supplemental to other powers of the secretary; severability.
• 65-163t: Same; publication of notice of bond issuance, contents; actions to contest, timing.
• 65-163u: Same; general obligation bond issuance authority for municipalities; election not required and not subject to bonded debt limitations.
• 65-164: Sewage; definition; complaints, investigations, orders; administrative review.
• 65-165: Permits for discharge of sewage or extension of sewer system; exceptions; general permits; revocation or modification of permit.
• 65-166: Application for permit to discharge sewage.
• 65-166a: Fees for administering water pollution control permit system; expiration of permits; reissuance; permits and fees for confined feeding facilities and truck washing facilities for animal wastes; disposition of moneys.
• 65-167: Sewage discharge; penalties for willful or negligent discharge of sewage without permit or in violation of terms of permit.
• 65-168:
• 65-169: Same; penalties for failure to comply with requirements of secretary.
• 65-170: Director of the division of environment; duties in carrying out the provisions of 65-161 to 65-170.
• 65-170a: Public water supply systems, water pollution, sewage discharge; "person" defined.
• 65-170b: Same; access to properties and facilities; inspection and monitoring requirements.
• 65-170c: Penalties for making false statement, representation or certification.
• 65-170d: Public water supply systems; pollution violations; penalties; procedure; hearings.
• 65-170e: Public water supply systems, water pollution, sewage discharge; action by attorney general; intervention in actions by persons having an identifiable interest.
• 65-170f: Same; disposition of recovered penalties.
• 65-170g: Disclosure of information; trade secrets; confidential information.
• 65-171:
• 65-171a: Stream pollution detrimental to animal or aquatic life.
• 65-171b: Same; abatement.
• 65-171c: Same; technical advisers.
• 65-171d: Prevention of water pollution; standards; permits; exemption; orders; hearings; appeals; fees; confined feeding facilities, registration prior to construction, separation distance requirements, exemptions.
• 65-171e: Same; investigations, services and orders; fees.
• 65-171f: Same; penalties for failure to comply with rules and regulations.
• 65-171g: Protection of water and air from sewage contamination.
• 65-171h: Minimum standards for sanitary water and sewage systems.
• 65-171i: Feedlot law administration not affected by this act.
• 65-171j: Discharge of substances containing mercury into waters of state prohibited; penalty.
• 65-171k:
• 65-171l: Same; analyses to performed by laboratory certificated by secretary.
• 65-171m: Public water supply systems; primary drinking water standards; rules and regulations, authority to adopt, scope; stringency of standards; requiring fluorides prohibited.
• 65-171n: Same; development of emergency plans by secretary.
• 65-171o: Public water supply systems; suppliers to provide notice, when; form of notice.
• 65-171p: Public water supply systems; variances; conditions; notice; requests for public hearing; scheduled compliance.
• 65-171q: Same; exemptions; required findings; notice; requests for public hearings; scheduled compliance.
• 65-171r: Same; prohibited acts.
• 65-171s: Same; violation of standards; penalties; procedure; hearing; judicial review.
• 65-171t: Same; attorney general to seek injunctive relief.
• 65-171u: Liability for damages to environment; recovery by attorney general, when; disposition of damages recovered.
• 65-171v: Cleanup operations for water or soil pollutants; duties of secretary; recovery of costs by attorney general and disposition thereof.
• 65-171w: Same; establishment of pollutant discharge cleanup fund.
• 65-171x: Application of acts to federal agencies.
• 65-171y: Public water supply system regulation of lawn irrigation systems.
• 65-171z:
• 65-172: Sanitary supervision by secretary of health and environment.
• 65-173: Inspections; rules and regulations; penalty.
• 65-174, 65-175:
• 65-176: Inspections; rules and regulations; reports; terms "sanitary conditions" and "health supervision" construed.
• 65-177: Study of diseases and deaths from maternity; "data" defined; causes; confidentiality, use; admissibility as evidence; reports, contents.
• 65-178: Same; nonliability for furnishing information for studies.
• 65-179: Same; unauthorized disclosure; penalty; construction of act.
• 65-180: Educational, screening, testing and follow-up program concerning phenylketonuria, congenital hypothyroidism, galactosemia, maple syrup urine disease and certain other genetic diseases; registry of cases; food and treatment products; reimbursement of cost; eligibility; newborn screening programs.
• 65-181: Same; tests in accordance with rules and regulations of secretary.
• 65-182: Same; provisions inapplicable where parents object on religious grounds.
• 65-183: Same; report by physicians to secretary.
• 65-184: Purpose of act.
• 65-185: Definitions.
• 65-186:
• 65-187: Powers and duties of secretary.
• 65-188: Enforcement of act; injunction, mandamus or quo warranto.
• 65-189:
• 65-189a, 65-189b:
• 65-189c: Subdivider to submit engineering study and sanitation plan; review and approval; information required in instrument of conveyance; construction and use of buildings and facilities; sanitation plan and construction of water and sewage systems required; review and approval of plans; appeals.
• 65-189d: Subdivided lands to be platted; plan and estimate of cost of water, sewage and refuse service required.
• 65-189e: Act inapplicable to certain lands.
• 65-189f: Rules and regulations providing for granting exceptions.
• 65-190 to 65-192:
• 65-193:
• 65-194:
• 65-195:
• 65-196:
• 65-197: Advanced training for professional employees; payment of cost; rules and regulations.
• 65-198:
• 65-199:
• 65-1,100 to 65-1,103:
• 65-1,104:
• 65-1,105: Establishment of statewide program of blood tests and counseling authorized; contracts; financial assistance for persons with sickle cell anemia; requirements for eligibility for financial assistance; duties of secretary of health and environment.
• 65-1,105a: Financial assistance for persons with sickle cell anemia; recovery of cost from third party; subrogation.
• 65-1,105b: Information to be given parents or guardian of child entering school for first time; assistance of secretary of health and environment.
• 65-1,106: Statewide program for sickle cell anemia testing; information confidential; exception; penalty.
• 65-1,107: Secretary of health and environment to adopt rules and regulations relating to procedures, testing protocols, qualifications of personnel and equipment of certain laboratories; list of approved preliminary screening devices for testing of breath for law enforcement purposes.
• 65-1,108: Unlawful to perform certain tests unless performed in approved laboratory; penalty for violation; exclusions.
• 65-1,108a: Information obtained through certain tests conducted by approved laboratories confidential; exceptions; penalties for violations.
• 65-1,109: Testing human breath for law enforcement purposes; unlawful acts; penalty.
• 65-1,109a: Certification of laboratories performing environmental analyses.
• 65-1,110: Establishments maintaining restroom facilities for the public; facilities to be available without charge.
• 65-1,111: Same;enforcement.
• 65-1,112: Spinal cord injury treatment program; components.
• 65-1,113: Health manpower planning; collection of information; confidentiality.
• 65-1,114: Definitions.
• 65-1,115: Contract for health data and information relating to diabetes mellitus.
• 65-1,116: Confidentiality of information; exceptions.
• 65-1,117: Penalty for disclosure of confidential information.
• 65-1,118: Act not to effect mode of treatment.
• 65-1,119: Rules and regulations.
• 65-1,120: Definitions.
• 65-1,121: Medication aides; continuing education; requirements; fees.
• 65-1,122 to 65-1,130: Reserved.
• 65-1,131: Definitions.
• 65-1,132: Establishment of program for treatment of persons suffering from hemophilia; state assistance, requirements for eligibility; rules and regulations.
• 65-1,133: Duties of secretary.
• 65-1,134: Rules and regulations.
• 65-1,135: Payment of claims in subsequent fiscal year; limitation.
• 65-1,136 to 65-1,140: Reserved.
• 65-1,141 to 65-1,147:
• 65-1,148: Sanitation standards defined; rules and regulations of the secretary establishing sanitation standards for persons and entities regulated by state board of barber examiners and state board of cosmetology.
• 65-1,149, 65-1,150:
• 65-1,151:
• 65-1,152 to 65-1,157:
• 65-1,157a: Newborn infant hearing screening; informed consent; confidentiality of information; application for and receipt of grants; rules and regulations.
• 65-1,158: Community-based teenage pregnancy reduction program; behavioral and educational objectives; grants, proposals and requirements, competitive awards and administration; duties of secretary; receipt of federal and other grants; rules and regulations.
• 65-1,159: Development and submission of proposal; components.
• 65-1,159a: Senator Stan Clark pregnancy maintenance initiative program; objectives; grants; annual report to legislature.
• 65-1,160: Public awareness program on effects of tobacco, alcohol, drugs.
• 65-1,161: Educational materials and guidance for health care providers; services available from local health departments; effects of tobacco, alcohol, drugs.
• 65-1,162: Educational program for health care providers regarding drugs.
• 65-1,163: Identification and referral of pregnant women at risk for prenatal substance abuse.
• 65-1,164: Same; service coordination for woman and family.
• 65-1,165: Same; referred pregnant woman first priority user of treatment through SRS.
• 65-1,166: Toll free information line.
• 65-1,167: Construction of act.
• 65-1,168: Cancer registry; definitions.
• 65-1,169: Same; collection of data; rules and regulations; reporting of cases.
• 65-1,170: Same; uses of nonconfidential data.
• 65-1,171: Same; confidential data; exceptions to prohibition on disclosure; data not subject to subpoena or open records act; storage of data.
• 65-1,172: Same; uses of confidential data.
• 65-1,173: Same; panel to establish policies for release of nonconfidential data; release of statistical data.
• 65-1,174: Same; immunity from civil or criminal liability for reporting; privilege under 60-427 not applicable to reports under this act; section not applicable to unauthorized disclosure due to gross negligence or willful misconduct.
• 65-1,175: Surface water quality standards; definitions.
• 65-1,176: Same; mixing zone to be used; standards for ammonia, chlorides and atrazine; permit conditions; assistance in meeting standards.
• 65-1,177: Same; commission on surface water quality standards; duties; report; revision or reinstatement of 1994 standards.
• 65-1,178: Definitions.
• 65-1,179: Permit application; public notice, comment, hearing; department action, when.
• 65-1,180: Required distances from water.
• 65-1,181: Manure management plan; lagoon standards; monitoring wells, when.
• 65-1,182: Nutrient utilization plan; requirements for land application of manure or wastewater.
• 65-1,183: Waste management system; standards for operators; failure or unplanned release.
• 65-1,184: Emergency response plan.
• 65-1,185: Retention of facility's records and plans.
• 65-1,186: Facility operator; certification; responsibility for employee training.
• 65-1,187: Odor control plan.
• 65-1,188: Dead animal handling plan.
• 65-1,189: Facility closure plan; demonstration of financial ability.
• 65-1,190: Lagoon closure plan; demonstration of financial ability.
• 65-1,191: Inspections.
• 65-1,192: Preexisting facilities; application of separation distances.
• 65-1,193: Denial, suspension or revocation of permit; penalties for certain violations.
• 65-1,194: Application of certain standards to certain large facilities.
• 65-1,195: Kansas state university; duties.
• 65-1,196: Standards and requirements; application; powers of secretary of KDHE.
• 65-1,197: Advisory committee.
• 65-1,198: Rules and regulations; reports to legislature.
• 65-1,199: Rules and regulations for composting dead livestock.
• 65-1,200: Citation of act.
• 65-1,201: Definitions.
• 65-1,202: Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations.
• 65-1,203: Licensure or certification to perform lead-based paint activities.
• 65-1,204: Same; qualification requirements.
• 65-1,205: Remittance of fees.
• 65-1,206: Lead-based paint hazard fee fund; sources of revenue; expenditures.
• 65-1,207: Denial, suspension or revocation of license or certificate or accreditation of training program, when; suspension of abatement program; administrative review.
• 65-1,208: Noncompliance; notice; duty to meet compliance requirements.
• 65-1,209: Violations; criminal penalties.
• 65-1,210: Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards.
• 65-1,211: Same; additional remedies.
• 65-1,212: Implementation of act by entities engaging in lead-based paint activities; when.
• 65-1,213: Statutory audit privilege not applicable.
• 65-1,214: Repeal of act.
• 65-1,215: Renal disease program, exception; support staff; standards; rules and regulations; renal disease fund.
• 65-1,216: Fetal alcohol syndrome pilot programs; sites; rules and regulations; funds; report.
• 65-1,217 to 65-1,220: Reserved.
• 65-1,221: Intent.
• 65-1,222: Definitions.
• 65-1,223: Exclusions from act.
• 65-1,224: Environmental use control; application; requirements; approval or disapproval.
• 65-1,225: Same; recording with register of deeds; enforcement.
• 65-1,226: Same; funding requirements; categories of property.
• 65-1,227: Same; term; removal or expiration; modification; liability.
• 65-1,228: Same; restrictions or prohibitions.
• 65-1,229: Same; enforcement.
• 65-1,230: Same; department oversight and tracking.
• 65-1,231: Environmental use control fund.
• 65-1,232: Rules and regulations.
• 65-1,233: Publication of approved use controls.
• 65-1,234: Review of agency actions.
• 65-1,235: Severability.
• 65-1,241: Definitions; establishment of birth defects information system; aspects of implementation of system.
• 65-1,242: Use of birth defects information system.
• 65-1,243: Confidentiality of records.
• 65-1,244: Removal of information from system; form.
• 65-1,245: Rules and regulations.
• 65-1,246: Annual report.
• 65-1,247: Expedited processing and issuance of certain permits.
• 65-1,248: Breastfeeding; where.
• 65-1,249: Umbilical cord banks; regulation of operations; rules and regulations; education and training in collection and maintenance procedures; duties and functions of department of health and environment, Kansas bioscience authority.
• 65-1,250: Umbilical cord donation information act.

• 65-101: Health supervision; investigation of causes of disease, sickness and death; sanitation inspections; prevention of spread of disease; outreach services; rules and regulations; injunction. (a) The secretary of health and environment shall exercise general supervision of the health of the people of the state and may:

        (1)   Where authorized by any other statute, require reports from appropriate persons relating to the health of the people of the state so a determination of the causes of sickness and death among the people of the state may be made through the use of these reports and other records;

        (2)   investigate the causes of disease, including especially, epidemics and endemics, the causes of mortality and effects of locality, employments, conditions, food, water supply, habits and other circumstances affecting the health of the people of this state and the causes of sickness and death;

        (3)   advise other offices and agencies of government concerning location, drainage, water supply, disposal of excreta and heating and ventilation of public buildings;

        (4)   make sanitary inspection and survey of such places and localities as the secretary deems advisable;

        (5)   take action to prevent the introduction of infectious or contagious disease into this state and to prevent the spread of infectious or contagious disease within this state;

        (6)   provide public health outreach services to the people of the state including educational and other activities designed to increase the individual's awareness and appropriate use of public and other preventive health services.

        (b)   The secretary of health and environment may adopt rules and regulations necessary to carry out the provisions of paragraphs (1) through (6), inclusive, of subsection (a). In addition to other remedies provided by law, the secretary is authorized to apply to the district court, and such court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction to compel compliance with such rules and regulations.

        History:   L. 1885, ch. 129, § 4; L. 1907, ch. 379, § 1; R.S. 1923, 65-101; L. 1974, ch. 352, § 1; L. 1981, ch. 240, § 1; L. 1989, ch. 184, § 1; July 1.

• 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 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; July 1.

• 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.

• 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.

• 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.

• 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.

• 65-104:

        History:   L. 1893, ch. 74, § 1; R.S. 1923, 65-104; Repealed, L. 1974, ch. 352, § 189; July 1.

• 65-105:

        History:   L. 1909, ch. 227, § 1; R. S. 1923, 65-105; Repealed, L. 1953, ch. 283, § 7;July 1.

• 65-106 to 65-116:

        History:   L. 1909, ch. 227, §§ 2 to 12; R.S. 1923, 65-106 to 65-116; Repealed, L. 1953, ch. 283, § 7; July 1.

• 65-116a: Definitions. As used in this act:

        (a)   The word "tuberculosis" shall be construed to mean that the disease is in a communicable or infectious stage as established by chest x-ray, microscopial examination of sputum, or other diagnostic procedures approved by the secretary of health and environment; and

        (b)   the words "health officer" shall include the secretary of health and environment or the secretary's designee and all local health officers.

        History:   L. 1957, ch. 467, § 1; L. 1974, ch. 352, § 5; L. 1975, ch. 311, § 1; L. 1980, ch. 182, § 18; July 1.

• 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; Oct. 1.

• 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; Oct. 1.

• 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; Oct. 1.

• 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; Oct. 1.

• 65-116f:

        History:   L. 1957, ch. 467, § 6; Repealed, L. 1974, ch. 352, § 189; July 1.

• 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.

• 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.

• 65-116i: Expenses of care, maintenance and treatment; payment from state funds. Except as otherwise provided by K.S.A. 65-116l, the expenses incurred in the inpatient care, maintenance and treatment of patients committed under the provisions of K.S.A. 65-116e, 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 social and rehabilitation services for the purpose of paying medical care facilities and physicians qualified to treat persons infected with tuberculosis.

        History:   L. 1975, ch. 311, § 6; Oct. 1.

• 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 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 department of social and rehabilitation 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; Oct. 1.

• 65-116k: Rules and regulations of secretary of social and rehabilitation services; payments for care and treatment. The secretary of social and rehabilitation services 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 social and rehabilitation services 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; Oct. 1.

• 65-116l: Use of funds for care, maintenance or treatment; limitations. No funds appropriated to the department of social and rehabilitation services for the purpose of carrying out the provisions of K.S.A. 65-116i 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 social and rehabilitation services 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 social and rehabilitation services may adopt rules and regulations necessary to carry out the provisions of this section.

        History:   L. 1975, ch. 311, § 9; Oct. 1.

• 65-116m: Recovery of cost of care, maintenance or treatment from third parties. Where funds appropriated to the department of social and rehabilitation services 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 social and rehabilitation services 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; Oct. 1.

• 65-117:

        History:   L. 1901, ch. 285, § 1; R.S. 1923, 65-117; L. 1957, ch. 332, § 1; Repealed, L. 1974, ch. 352, § 189; July 1.

• 65-118: Reporting to local health authority as to infectious or contagious diseases; persons reporting; immunity from liability; confidentiality of information; disclosure. (a) Whenever any person licensed to practice the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, licensed dentist, licensed professional nurse, licensed practical nurse administrator of a hospital, licensed adult care home-administrator, licensed physician assistant, licensed social worker, teacher or school administrator knows or has information indicating that a person is suffering from or has died from a reportable infectious or contagious disease as defined in rules and regulations, such knowledge or information shall be reported immediately to the county or joint board of health or the local health officer, together with the name and address of the person who has or is suspected of having the infectious or contagious disease, or the name and former address of the deceased individual who had or was suspected of having such a disease. In the case of a licensed hospital or adult care home, the administrator may designate an individual to receive and make such reports. The secretary of health and environment shall, through rules and regulations, make provision for the consolidation of reports required to be made under this section when the person required to make the report is working in a licensed hospital or adult care home. Laboratories certified under the federal clinical laboratories improvement act pursuant to 42 code of federal regulations, 493 shall report the results of microbiologic cultures, examinations, immunologic essays for the presence of antigens and antibodies and any other laboratory tests which are indicative of the presence of a reportable infectious or contagious disease to the department of health and environment. The director of the division of health may use information from death certificates for disease investigation purposes.

        (b)   Any person who is an individual member of a class of persons designated under subsection (a) of this section and who reports the information required to be reported under such subsection in good faith and without malice to a county or joint board of health, a local health officer or the department of health and environment shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such report. Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.

        (c)   Information required to be reported under subsection (a) of this section shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, beyond the requirements of subsection (a) of this section or subsection (a) of K.S.A. 65-119, except such information may be disclosed: (1) If no person can be identified in the information to be disclosed and the disclosure is for statistical purposes;

        (2)   if all persons who are identifiable in the information to be disclosed consent in writing to its disclosure;

        (3)   if the disclosure is necessary, and only to the extent necessary, to protect the public health;

        (4)   if a medical emergency exists and the disclosure is to medical personnel qualified to treat infectious or contagious diseases. Any information disclosed pursuant to this paragraph shall be disclosed only to the extent necessary to protect the health or life of a named party; or

        (5)   if the information to be disclosed is required in a court proceeding involving child abuse and the information is disclosed in camera.

        History:   L. 1901, ch. 285, § 2; R.S. 1923, 65-118; L. 1953, ch. 283, § 1; L. 1976, ch. 262, § 1; L. 1979, ch. 189, § 1; L. 1998, ch. 35, § 1; L. 2000, ch. 162, § 17; Feb. 1, 2001.

• 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.

• 65-120:

        History:   L. 1901, ch. 285, § 4; R.S. 1923, 65-120; Repealed, L. 1974, ch. 352, § 189; July 1.

• 65-121:

        History:   L. 1901, ch. 285, § 5; L. 1905, ch. 339, § 1; R.S. 1923, 65-121; Repealed, L. 1974, ch. 352, § 189; July 1.

• 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.

• 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.

• 65-124:

        History:   L. 1901, ch. 285, § 8; R.S. 1923, 65-124; Repealed, L. 1974, ch. 352, § 189; July 1.

• 65-125:

        History:   L. 1901, ch. 285, § 9; R.S. 1923, 65-125; Repealed, L. 1976, ch. 262, § 9;July 1.

• 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.

• 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.

• 65-128: Rules and regulations of secretary for isolation and quarantine; publication; definition. (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, and the secretary of health and environment is authorized to adopt rules and regulations for the isolation and quarantine of such diseases and persons afflicted with or exposed to such diseases as may be necessary to prevent the spread and dissemination of diseases dangerous to the public health.

        (b)   As used in K.S.A. 65-118, 65-119, 65-122, 65-123, 65-126 and 65-129, and amendments thereto, "infectious or contagious disease" means any disease designated by the secretary of health and environment as an infectious or contagious disease in accordance with subsection (a) but the infectious or contagious disease acquired immune deficiency syndrome or any causative agent thereof shall not constitute an infectious or contagious disease for the purposes of K.S.A. 65-118, 65-119, 65-122, 65-123, 65-126 and 65-129, and amendments thereto, because such disease is subject to the provisions of K.S.A. 65-6001 through 65-6007 and amendments thereto.

        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; July 1.

• 65-129: Penalties for unlawful acts. Any person violating, refusing or neglecting to obey any of the rules and regulations adopted by the secretary of health and environment for the prevention, suppression and control of infectious or contagious diseases, or who leaves any isolation area of a hospital or other quarantined area without the consent of the local health officer having jurisdiction, or who evades or breaks quarantine or knowingly conceals a case of infectious or contagious disease shall be guilty of a class C misdemeanor.

        History:   L. 1917, ch. 205, § 2; R.S. 1923, 65-129; L. 1974, ch. 352, § 12; L. 1976, ch. 262, § 8; July 1.

• 65-129a: Definitions. As used in K.S.A. 2007 Supp. 65-129b to 65-129d, inclusive, and amendments thereto:

        (a)   "Infectious or contagious disease" has the meaning ascribed thereto by subsection (b) of K.S.A. 65-128, and amendments thereto, but the infectious or contagious disease acquired immune deficiency syndrome or any causative agent thereof shall not constitute an infectious or contagious disease for the purposes of K.S.A. 2007 Supp. 65-129b and 65-129c, and amendments thereto.

        (b)   "Secretary" means the secretary of health and environment.

        History:   L. 2005, ch. 122, § 1; Apr. 21.

• 65-129b: Infections or contagious diseases; authority of local health officer or secretary; evaluation or treatment orders, isolation or quarantine orders; enforcement. (a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-123, 65-126 and 65-128, and amendments thereto, and any rules or regulations adopted thereunder, in investigating actual or potential exposures to an infectious or contagious disease that is potentially life-threatening, the local health officer or the secretary:

        (1) (A)   May issue an order requiring an individual who the local health officer or the secretary has reason to believe has been exposed to an infectious or contagious disease to seek appropriate and necessary evaluation and treatment;

        (B)   when the local health officer or the secretary determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the local health officer or the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public;

        (C)   if a competent individual of 18 years of age or older or an emancipated minor refuses vaccination, medical examination, treatment or testing under this section, may require the individual to go to and remain in a place of isolation or quarantine until the local health officer or the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public; and

        (D)   if, on behalf of a minor child or ward, a parent or guardian refuses vaccination, medical examination, treatment or testing under this section, may require the minor child or ward to go to and remain in a place of isolation or quarantine and must allow the parent or guardian to accompany the minor child or ward until the local health officer or the secretary determines that the minor child or ward no longer poses a substantial risk of transmitting the disease or condition to the public; and

        (2)   may order any sheriff, deputy sheriff or other law enforcement officer of the state or any subdivision to assist in the execution or enforcement of any order issued under this section.

        History:   L. 2005, ch. 122, § 2; Apr. 21.

• 65-129c: Same; orders for isolation or quarantine; form and content; notice; hearing in district court; application and effect; procedure; orders for relief; emergency rules of procedure. (a) If the local health officer or the secretary requires an individual or a group of individuals to go to and remain in places of isolation or quarantine under K.S.A. 2007 Supp. 65-129b, and amendments thereto, the local health officer or the secretary shall issue an order to the individual or group of individuals.

        (b)   The order shall specify:

        (1)   The identity of the individual or group of individuals subject to isolation or quarantine;

        (2)   the premises subject to isolation or quarantine;

        (3)   the date and time at which isolation or quarantine commences;

        (4)   the suspected infectious or contagious disease causing the outbreak or disease, if known;

        (5)   the basis upon which isolation or quarantine is justified; and

        (6)   the availability of a hearing to contest the order.

        (c) (1)   Except as provided in paragraph (2) of subsection (c), the order shall be in writing and given to the individual or group of individuals prior to the individual or group of individuals being required to go to and remain in places of isolation and quarantine.

        (2) (A)   If the local health officer or the secretary determines that the notice required under paragraph (1) of subsection (c) is impractical because of the number of individuals or geographical areas affected, the local health officer or the secretary shall ensure that the affected individuals are fully informed of the order using the best possible means available.

        (B)   If the order applies to a group of individuals and it is impractical to provide written individual copies under paragraph (1) of subsection (c), the written order may be posted in a conspicuous place in the isolation or quarantine premises.

        (d) (1)   An individual or group of individuals isolated or quarantined under this section may request a hearing in district court contesting the isolation or quarantine, as provided in article 15 of chapter 60 of the Kansas Statutes Annotated, but the provisions of this section shall apply to any order issued under K.S.A. 2007 Supp. 65-129a to 65-129d, inclusive, and amendments thereto, notwithstanding any conflicting provisions contained in that article.

        (2)   A request for a hearing may not stay or enjoin an isolation or quarantine order.

        (3)   Upon receipt of a request under this subsection (d), the court shall conduct a hearing within 72 hours after receipt of the request.

        (4) (A)   In any proceedings brought for relief under this subsection (d), the court may extend the time for a hearing upon a showing by the local health officer or the secretary or other designated official that extraordinary circumstances exist that justify the extension.

        (B)   In granting or denying an extension, the court shall consider the rights of the affected individual, the protection of the public health, the severity of the health emergency and the availability, if necessary, of witnesses and evidence.

        (C) (i)   The court shall grant the request for relief unless the court determines that the isolation or quarantine order is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease.

        (ii)   If feasible, in making a determination under this paragraph (C), the court may consider the means of transmission, the degree of contagion, and, to the extent possible, the degree of public exposure to the disease.

        (5)   An order of the court authorizing the isolation or quarantine issued under this section shall:

        (A)   Identify the isolated or quarantined individual or group of individuals by name or shared characteristics;

        (B)   specify factual findings warranting isolation or quarantine; and

        (C)   except as provided in paragraph (2) of subsection (c), be in writing and given to the individual or group of individuals.

        (6)   If the court determines that the notice required in paragraph (C) of subsection (d)(5) is impractical because of the number of individuals or geographical areas affected, the court shall ensure that the affected individuals are fully informed of the order using the best possible means available.

        (7)   An order of the court authorizing isolation or quarantine shall be effective for a period not to exceed 30 days. The court shall base its decision on the standards provided under this section.

        (8)   In the event that an individual cannot personally appear before the court, proceedings may be conducted:

        (A)   By an individual's authorized representative; and

        (B)   through any means that allows other individuals to fully participate.

        (9)   In any proceedings brought under this section, the court may order the consolidation of individual claims into group claims where:

        (A)   The number of individuals involved or affected is so large as to render individual participation impractical;

        (B)   there are questions of law or fact common to the individual claims or rights to be determined;

        (C)   the group claims or rights to be determined are typical of the affected individual's claims or rights; and

        (D)   the entire group will be adequately represented in the consolidation.

        (10)   The court shall appoint counsel to represent individuals or a group of individuals who are not otherwise represented by counsel.

        (11)   The supreme court of Kansas may develop emergency rules of procedure to facilitate the efficient adjudication of any proceedings brought under this section.

        History:   L. 2005, ch. 122, § 3; Apr. 21.

• 65-129d: Same; unlawful discharge from employment. It shall be unlawful for any public or private employer to discharge an employee solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine. The violation of this section is punishable as a violation of K.S.A. 65-129 and amendments thereto.

        History:   L. 2005, ch. 122, § 4; Apr. 21.

• 65-129e: Tuberculosis evaluation requirements for certain students; rules and regulations; evaluation criteria; treatment and monitoring of infected persons. (a) The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing tuberculosis evaluation requirements for certain students entering college or university classrooms in Kansas having been born in or lived or traveled in countries identified by the centers for disease control and prevention as areas where tuberculosis is a health risk. Compliance with these rules and regulations, including all cost associated with the evaluation, shall be the joint responsibility of the educational institutions and the student or the parents or guardians of the student, where applicable. These rules and regulations shall establish evaluation criteria in compliance with best practice standards as recommended by the division of tuberculosis elimination of the centers for disease control.

        (b)   Any person found to be infected with tuberculosis infection or tuberculosis disease will be provided treatment and ongoing monitoring in accordance with K.S.A. 65-116a to 65-116m, inclusive, and amendments thereto.

        History:   L. 2005, ch. 122, § 5; Apr. 21.

• 65-130 to 65-132:

        History:   L. 1911, ch. 296, §§ 1 to 3; R.S. 1923, 65-130 to 65-132; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-133:

        History:   L. 1911, ch. 296, § 4; L. 1913, ch. 306, § 1; L. 1915, ch. 340, § 1; R.S. 1923, 65-133; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-134:

        History:   L. 1911, ch. 296, § 5; R.S. 1923, 65-134; L. 1949, ch. 326, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-134a:

        History:   L. 1949, ch. 326, § 2; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-135 to 65-141:

        History:   L. 1911, ch. 296, §§ 6 to 12; R.S. 1923, 65-135 to 65-141; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-142:

        History:   L. 1911, ch. 296, § 13; R.S. 1923, 65-142; L. 1935, ch. 230, § 1; L. 1937, ch. 277, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-142a:

        History:   L. 1943, ch. 226, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-143:

        History:   L. 1911, ch. 296, § 14; R.S. 1923, 65-143; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-144:

        History:   L. 1911, ch. 296, § 15; R.S. 1923, 65-144; L. 1925, ch. 201, § 3; L. 1935, ch. 230, § 2; L. 1941, ch. 296, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-145 to 65-147:

        History:   L. 1911, ch. 296, §§ 16 to 18; R.S. 1923, 65-145 to 65-147; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-148, 65-149:

        History:   L. 1885, ch. 129, §§ 9, 10; R.S. 1923, 65-148, 65-149; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-150:

        History:   R.S. 1923, 65-150; Repealed, L. 1943, ch. 269, § 28; June 30.

• 65-151:

        History:   L. 1885, ch. 129, § 12; R.S. 1923, 65-151; Repealed, L. 1951, ch. 355, § 38; June 30.

• 65-152:

        History:   L. 1915, ch. 269, § 1; R.S. 1923, 65-152; Repealed, L. 1974, ch. 352, § 189; July 1.

• 65-153: Child hygiene; duties of division of health. The general duties of the division of health of the department of health and environment shall include the issuance of educational literature on the care of the baby and the hygiene of the child, the study of the causes of infant mortality and the application of preventive measures for the prevention and the suppression of the diseases of infancy and early childhood.

        History:   L. 1915, ch. 269, § 2; R.S. 1923, 65-153; L. 1974, ch. 352, § 13; July 1.

• 65-153a:

        History:   L. 1927, ch. 248, § 1; Repealed, L. 1955, ch. 284, § 1; June 30.

• 65-153b: Newly born infant; treatment of eyes. Any physician or any person authorized by law to act as an obstetrician shall immediately upon the birth of an infant instill into the eyes of such newly born infant a prophylactic solution approved by the secretary of health and environment: Provided, however, That any person or parent shall not be required to employ such prophylactic if objection is made by written statement to the attending obstetrician within three days from the birth of said child: And provided further, That said written statement shall be attached to the birth certificate.

        History:   L. 1929, ch. 218, § 2; L. 1974, ch. 352, § 14; July 1.

• 65-153c: Same; duty of physician and others. Any physician or any person authorized by law to act as an obstetrician in this state or any other person having the care of an infant, within six (6) months after its birth, who shall detect any inflammation, swelling or redness in the eyes of any such infant or any unnatural discharge therefrom, shall, if such person is licensed to practice medicine and surgery, treat such child with the necessary prophylactic, or, if such person is not licensed to practice medicine and surgery, shall immediately report the condition and the location of such infant to the county or joint board of health.

        History:   L. 1929, ch. 218, § 2; L. 1980, ch. 182, § 20; July 1.

• 65-153d: Same; rules and regulations. It shall be the duty of the secretary of health and environment to make the necessary regulations for the enforcement of this act.

        History:   L. 1929, ch. 218, § 3; L. 1974, ch. 352, § 15; July 1.

• 65-153e: Same; penalty for violating 65-153b to 65-153e. Any person who shall willfully violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred ($500) dollars or by confinement in the county jail for six (6) months.

        History:   L. 1929, ch. 218, § 4; May 28.

• 65-153f: Prenatal serological tests for syphilis and hepatitis b; approved laboratories; laboratory reports, confidentiality. Each physician or other person attending a pregnant woman in this state during gestation, with the consent of such woman, shall take or cause to be taken a sample of blood of such woman within 14 days after diagnosis of pregnancy is made. Such sample shall be submitted for serological tests which meet the standards recognized by the United States public health service for the detection of syphilis and hepatitis b to a laboratory approved by the secretary of health and environment for such serological tests. Any state, United States public health service, or United States army, navy or air force laboratory or any laboratory approved by the state health agency of the state in which the laboratory is operated shall be considered approved for the purposes of this act. Any laboratory in this state, performing the tests required by this section shall make a report to the secretary of health and environment of all positive or reactive tests on forms provided by the secretary of health and environment and also shall make a report of the test results to the submitting physician or person attending the woman. Laboratory statements, reports, files and records prepared pursuant to this section shall be confidential and shall not be divulged to or open to inspection by any person other than state or local health officers or their duly authorized representatives, except by written consent of the woman.

        History:   L. 1943, ch. 225, § 1; L. 1974, ch. 352, § 16; L. 1981, ch. 241, § 1; L. 1991, ch. 178, § 1; L. 1995, ch. 260, § 3; July 1.

• 65-153g: Same; how reported. In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on a separate sheet accompanying the birth certificate or stillbirth certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed, and if made the date when such test was made, and if not made, the reason why such test was not made. Neither the fact that such a test was or was not made or was or was not required by law nor the result of any such test shall appear upon the birth certificate or be certified to any person for any purpose.

        History:   L. 1943, ch. 225, § 2; June 28.

• 65-153h: Same; misdemeanor. Any person willfully violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than ten dollars nor more than one hundred dollars.

        History:   L. 1943, ch. 225, § 3; June 28.

• 65-154, 65-155:

        History:   L. 1905, ch. 482, §§ 1, 2; R.S. 1923, 65-154, 65-155; Repealed, L. 1974, ch. 352, § 189; July 1.

• 65-156: Regulations and fees. The secretary of health and environment shall make rules and regulations for the collection of samples and analysis of water, either natural or treated, furnished by municipalities, corporations, companies or individuals to the public, and shall fix the fees for any services rendered under said rules and regulations to cover the cost of the services.

        History:   L. 1915, ch. 327, § 1; R.S. 1923, 65-156; L. 1974, ch. 352, § 17; L. 1975, ch. 312, § 1; July 1.

• 65-157: Same; analysis by office of laboratory services; disposition of fees. The analysis of all waters required in the rules and regulations shall be made by the office of laboratory services of the department of health and environment and the fees collected under the provisions of this act by the secretary of health and environment shall be remitted by the secretary 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. 1915, ch. 327, § 2; R.S. 1923, 65-157; L. 1974, ch. 352, § 18; L. 1975, ch. 312, § 2; L. 2001, ch. 5, § 209; July 1.

• 65-158:

        History:   L. 1915, ch. 327, § 3; R.S. 1923, 65-158; L. 1974, ch. 352, § 19; Repealed, L. 1977, ch. 212, § 13; April 14.

• 65-159: Abatement of nuisances; failure to remove, penalties. The secretary of health and environment and the county or joint boards of health shall have the power and authority to examine into all nuisances, sources of filth and causes of sickness that in their opinion may be injurious to the health of the inhabitants within any county or municipality in this state. Whenever any such nuisance, source of filth or cause of sickness shall be found to exist on any private property or upon any watercourse in this state, the secretary of health and environment or county or joint boards of health shall have the power and authority to order, in writing, the owner or occupant thereof at his or her own expense to remove the nuisance, source of filth or cause of sickness within twenty-four (24) hours, or within such reasonable time thereafter as such secretary or such county or joint board may order; and if the owner or occupant shall fail to obey such order, such owner or occupant upon conviction shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), and each day's continuance of such nuisance, source of filth or cause of sickness, after the owner or occupant thereof shall have been notified to remove the nuisance, source of filth or cause of sickness, shall be a separate offense.

        History:   L. 1907, ch. 383, § 1; R.S. 1923, 65-159; L.1974, ch. 352, § 20; L. 1980, ch. 182, § 21; July 1.

• 65-160: Same; duty of county attorney. It shall be the duty of the county attorney of each county to prosecute any person who shall violate the provisions of this chapter.

        History:   L. 1907, ch. 383, § 2; March 4; R.S. 1923, 65-160.

• 65-161: Definitions. As used in this act:

        (a) "Waters of the state" means all streams and springs, and all bodies of surface and subsurface waters within the boundaries of the state;

        (b)   "discharge" means, when used without qualification, the causing or permitting of sewage to enter, either directly or indirectly, into waters of the state;

        (c)   "indirect discharge" means the introduction of pollutants into a publicly owned treatment works from any nondomestic source; and

        (d)   "direct discharge" means the discharge of sewage into waters of the state.

        History:   L. 1907, ch. 382, § 1; R.S. 1923, 65-161; L. 1973, ch. 241, § 1; L. 1984, ch. 221, § 1; April 19.

• 65-162:

        History:   L. 1907, ch. 382, § 2; R.S. 1923, 65-162; L. 1974, ch. 352, § 21; Repealed, L. 1977, ch. 212, § 13; April 14.

• 65-162a: Public water supply systems; definitions. As used in K.S.A. 65-163 and 65-163a, and in K.S.A. 65-171m to 65-171t, inclusive, unless the context clearly requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:

        (a)   "Person" means an individual, corporation, company, association, partnership, state, municipality or federal agency.

        (b)   "Public water supply system" means a system for the provision to the public of piped water for human consumption, if such system has at least ten (10) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes any source, treatment, storage or distribution facilities under control of the operator of the system and used primarily in connection with the system, and any source, treatment, storage or distribution facilities not under such control but which are used in connection with such system.

        (c)   "Secretary" means the secretary of health and environment.

        (d)   "Supplier of water" means any person who owns or operates a public water supply system.

        History:   L. 1977, ch. 212, § 1; April 14.

• 65-163: Public water supply systems and water treatment residues; regulation; permits; investigations. (a) (1) No person shall operate a public water supply system within the state without a public water supply system permit from the secretary. An application for a public water supply system permit shall be submitted for review and approval prior to construction and shall include: (A) A copy of the plans and specifications for the construction of the public water supply system or the extension thereof; (B) a description of the source from which the water supply is to be derived; (C) the proposed manner of storage, purification or treatment for the supply; and (D) such other data and information as required by the secretary of health and environment. No source of water supply in substitution for or in addition to the source described in the application or in any subsequent application for which a public water supply system permit is issued shall be used by a public water supply system, nor shall any change be made in the manner of storage, purification or treatment of the water supply without an additional public water supply system permit obtained in a manner similar to that prescribed by this section from the secretary.

        (2)   Whenever application is made to the secretary for a public water supply system permit under the provisions of this section, it shall be the duty of the secretary to examine the application without delay and, as soon as possible thereafter, to grant or deny the public water supply system permit subject to any conditions which may be imposed by the secretary to protect the public health and welfare.

        (3)   The secretary may adopt rules and regulations establishing a program of annual certification by public water supply systems that have staff qualified to approve the extension of distribution systems without the necessity of securing an additional permit for the extension provided the plans for the extension are prepared by a professional engineer as defined by K.S.A. 74-7003, and amendments thereto.

        (b) (1)   Whenever a complaint is made to the secretary by any city of the state, by a local health officer, or by a county or joint board of health concerning the sanitary quality of any water supplied to the public within the county in which the city, local health officer or county or joint board of health is located, the secretary shall investigate the public water supply system about which the complaint is made. Whenever the secretary has reason to believe that a public water supply system within the state is being operated in violation of an applicable state law or an applicable rule and regulation of the secretary, the secretary may investigate the public water supply system.

        (2)   Whenever an investigation of any public water supply system is undertaken by the secretary, it shall be the duty of the supplier of water under investigation to furnish to the secretary information to determine the sanitary quality of the water supplied to the public and to determine compliance with applicable state laws and rules and regulations. The secretary may issue an order requiring changes in the source or sources of the public water supply system or in the manner of storage, purification or treatment utilized by the public water supply system before delivery to consumers, or distribution facilities, collectively or individually, as may in the secretary's judgment be necessary to safeguard the sanitary quality of the water and bring about compliance with applicable state law and rules and regulations. The supplier of water shall comply with the order of the secretary.

        (c) (1)   As used in this subsection (c), "municipal water treatment residues" means any solid, semisolid or liquid residue generated during the treatment of water in a public water supply system treatment works.

        (2)   A public water supply system may place or store municipal water treatment residues resulting from sedimentation, coagulation or softening treatment processes in basins on land under the ownership and control of the public water supply system operator provided that such storage or placement is approved and permitted by the secretary under this section as part of the public water supply system.

        (3)   The secretary shall adopt uniform and comprehensive rules and regulations for the location, design and operation of such basins. Such rules and regulations shall require permit applications by the public water suppliers for such basins to include a copy of the plans and specifications for the location and construction of each basin, the means of conveyance of the treatment residues to such basins, the content of treatment residues, the proposed method of basin operation and closure, the method of any anticipated expansion and any other data and information required by the secretary.

        (4)   Whenever complaint is made to the secretary by the mayor of any city of the state, by a local health officer or by a county or joint board of health, or whenever an investigation is undertaken at the initiative of the secretary, relating to any alleged violation of the provisions of the permit for placement or storage of municipal water treatment residues in such basins, the public water supply system operator shall furnish all information the secretary requires. If the secretary finds that there is any violation of the terms of the permit, that the means of placement and storage exceed the terms of the permit or that any other condition exists by reason of the means of placement and storage that may be detrimental to the health of any inhabitants of the state or to the environment, the secretary shall have the authority to issue an order amending the permit or otherwise requiring the operator to perform remedial measures to curtail or prevent such detrimental conditions.

        (d)   Orders of the secretary under this section, and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions. The court on review shall hear the case without delay.

        (e)   The secretary shall establish by rule and regulation a system of fees for the inspection and regulation of public water supplies. No such fee shall exceed $.002 per 1,000 gallons of water sold at retail by a public water supply system. All such fees shall be paid quarterly in the manner provided for fees imposed on retail sales by public water supply systems pursuant to K.S.A. 82a-954, and amendments thereto. The secretary shall remit all moneys collected for 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 public water supply fee fund created by K.S.A. 65-163c, and amendments thereto.

        (f)   There is hereby created an advisory committee to make recommendations regarding: (1) Fees to be adopted by the secretary under subsection (e); (2) means of strengthening on-site technical assistance to public water supply systems; (3) standards for on-site and classroom water treatment operator certification programs; (4) other matters concerning public water supplies; and (5) to advise the secretary regarding expenditure of moneys in the public water supply fee fund created by K.S.A. 65-163c, and amendments thereto. Such advisory committee shall consist of one member appointed by the secretary to represent the department of health and environment, one member appointed by the director of the Kansas water office to represent such office and two members appointed by the secretary as follows: One from three nominations submitted by the Kansas section of the American waterworks association, and one from three nominations submitted by the Kansas rural water association. Members of the advisory committee shall serve without compensation or reimbursement of expenses. The advisory committee shall meet at least four times each year on call of the secretary or a majority of the members of the committee.

        History:   L. 1907, ch. 382, § 3; L. 1909, ch. 226, § 1; R.S. 1923, 65-163; L. 1943, ch. 219, § 1; L. 1974, ch. 352, § 22; L. 1977, ch. 212, § 2; L. 1980, ch. 182, § 22; L. 1983, ch. 204, § 1; L. 1986, ch. 318, § 82; L. 1992, ch. 188, § 1; L. 1994, ch. 126, § 1; L. 1996, ch. 160, § 1; L. 2001, ch. 5, § 210; L. 2004, ch. 145, § 17; July 1, 2005.

• 65-163a: Same; cessation of water delivery, when; order by secretary, judicial review. (a) Any supplier of water may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and may continue to refuse the delivery of water to the premises until the condition is remedied.

        (b)   The secretary may order a supplier of water: (1) To cease the delivery of water through pipes and mains to a premise or premises where a condition exists which might lead to the contamination of the public water supply system; or (2) to cease an activity which would result in a violation of the state primary drinking water standards; or (3) to cease an activity which results in a continuing violation of the state primary drinking water standards; or (4) to comply with any combination of these orders. The supplier of water shall immediately comply with an order issued by the secretary under this section.

        (c)   Orders of the secretary under this section, and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions. The court on review shall hear the appeal without delay.

        History:   L. 1943, ch. 219, § 2; L. 1974, ch. 352, § 23; L. 1977, ch. 212, § 3; L. 1986, ch. 318, § 83; L. 2004, ch. 145, § 18; July 1, 2005.

• 65-163b:

        History:   L. 1943, ch. 219, § 3; L. 1974, ch. 352, § 24; Repealed, L. 1977, ch. 212, § 13; April 14.

• 65-163c: Same; public water supply fee fund; authorized expenditures; interest transferred from state general fund. (a) There is hereby established in the state treasury the public water supply fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:

        (1)   Fees collected under K.S.A. 65-163 and amendments thereto; and

        (2)   interest attributable to investment of moneys in the fund.

        (b)   Moneys deposited in the public water supply fee fund shall be expended only to: (1) inspect and regulate public water supplies and (2) provide training, assistance and technical guidance to public water supply systems, including on-site technical assistance by the department or by a contractor contracting with the department in complying with the federal safe drinking water act (42 U.S.C. 300f et seq.) and regulations adopted under such act. The advisory committee established by K.S.A. 65-163 and amendments thereto shall advise the secretary regarding expenditures from the fund.

        (c)   On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply fee fund interest earnings based on:

        (1)   The average daily balance of moneys in the public water supply fee 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 public water supply fee 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 for the purposes set forth in this section.

        History:   L. 1992, ch. 188, § 2; L. 1996, ch. 253, § 10; L. 1996, ch. 253, § 11; July 1.

• 65-163d: Public water supply project loan program; definitions. As used in K.S.A. 65-163d through 65-163u and amendments thereto:

        (a)   "Fund" means the public water supply loan fund established by K.S.A. 65-163e and amendments thereto.

        (b)   "Municipality" means: (1) Any political or taxing subdivision authorized by law to construct, operate and maintain a public water supply system, including water districts; (2) two or more such subdivisions jointly constructing, operating or maintaining a public water supply system; or (3) the Kansas rural water finance authority.

        (c)   "Project" means any acquisition, construction, reconstruction, improvement, equipping, rehabilitation or extension of all or any part of a public water supply system. "Project" does not include any project related to the diversion or transportation of water acquired through a water transfer, as defined by K.S.A. 82a-1501 and amendments thereto.

        (d)   "Project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto.

        (e)   "Public water supply system" has the meaning provided by K.S.A. 65-162a and amendments thereto.

        (f)   "Secretary" means the secretary of health and environment.

        History:   L. 1994, ch. 349, § 1; L. 1996, ch. 160, § 3; L. 1997, ch. 188, § 1; July 1.

• 65-163e: Same; public water supply loan fund established; sources of revenue; purposes for disbursements therefrom. (a) There is hereby established in the state treasury the public water supply loan fund.

        (b)   Moneys from the following sources shall be credited to the fund:

        (1)   Amounts received by the state from the federal government for the purposes of the fund;

        (2)   amounts appropriated or otherwise made available by the legislature for the purposes of the fund;

        (3)   proceeds derived from the sale of bonds issued under K.S.A. 65-163l through 65-163t, and amendments thereto;

        (4)   amounts of repayments of loans made under this act, together with payments of interest thereon, in accordance with agreements entered into by the borrower and the secretary;

        (5)   interest attributable to investment of moneys in the fund; and

        (6)   amounts received from any public or private entity for the purposes of the fund.

        (c)   Subject to the conditions and in accordance with requirements of this act, moneys credited to the fund shall be used only:

        (1)   To make loans to municipalities for payment of all or part of project costs;

        (2)   as a source of revenue or security for the payment of principal and interest on bonds issued under K.S.A. 65-163l through 65-163t, and amendments thereto, if, and to the extent that, the proceeds of the sale of such bonds are deposited in the fund;

        (3)   as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority pursuant to the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto;

        (4)   to earn interest on moneys in the fund; and

        (5)   for the reasonable costs, as determined by the secretary, of administering the fund and conducting activities under this act. Such costs shall be identified annually in development of the intended use plan as described in K.S.A. 65-163h, and amendments thereto.

        (d)   On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply loan fund interest earnings based on:

        (1)   The average daily balance of moneys in the public water supply loan fund for the preceding month; and

        (2)   the net earnings rate of the pooled money investment portfolio for the preceding month.

        (e)   All payments and disbursements 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 or by a person or persons designated by the secretary. All payments and disbursements from the fund, and beginning and ending balances thereof, shall be subject each year to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated.

        History:   L. 1994, ch. 349, § 2; L. 1996, ch. 253, § 12; L. 2006, ch. 100, § 1; July 1.

• 65-163f: Same; authority and duties of the secretary of health and environment; rules and regulations. The secretary shall administer the provisions of this act and shall be responsible for administration and management of the fund. The secretary is hereby authorized to:

        (a)   Enter into binding commitments for the provision of loans in accordance with the provisions of this act;

        (b)   review applications of municipalities for loans and select the projects for which loans will be made available;

        (c)   provide the governor and the legislature with an annual report prepared in accordance with K.S.A. 65-163k and with copies of the audit required under K.S.A. 65-163e; and

        (d)   adopt rules and regulations necessary for effectuation of the provisions of this act.

        History:   L. 1994, ch. 349, § 3; July 1.

• 65-163g: Same; project priority system development; priority list preparation, considerations. (a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans and prepare an annual project priority list. The priority list shall include a description of each project; the purpose, cost and schedule therefor; and the municipality applying for the loan. After preparation of the priority list, the secretary shall select from such list the projects for which loans will be made available.

        (b)   In performing the functions and duties required by subsection (a), the secretary shall:

        (1)   Exclude from the priority list any project of a municipality which has not adopted and implemented conservation plans and practices that are consistent with the guidelines developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608 and amendments thereto;

        (2)   in consultation with the Kansas water office, encourage regional cooperative public water supply projects in accordance with the public water supply regionalization strategy of the state water plan; and

        (3)   ensure that a fair proportion, at least but not limited to 20%, of the total dollar amount of loans to be made available from the fund in each year will be made available for projects of municipalities having populations of 5,000 or less, except that, if such municipalities are unable to utilize the total amount made available under this subsection, the secretary is authorized to make the unused amount available for other projects on the priority list.

        History:   L. 1994, ch. 349, § 4; July 1.

• 65-163h: Same; intended use plan for available moneys. After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to:

        (a)   The project priority list;

        (b)   a description of the short- and long-term goals and objectives of the fund;

        (c)   information on the projects to be financed, including a description thereof, the terms of loans to be provided and the municipalities receiving the loans; and

        (d)   the criteria and method established for the provision of loans to be made from the fund.

        History:   L. 1994, ch. 349, § 5; July 1.

• 65-163i: Same; applications for loans; loan agreements, provisions; provision of technical assistance by secretary. (a) Municipalities which desire the provision of a loan under this act shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.

        (b)   The secretary may enter into agreements with any municipality for the provision of a loan thereto for payment of all or a part of project costs and any municipality may enter into such an agreement and may accept such loan when so authorized by the municipal governing body. The purposes of the loan to be provided, the amount thereof, the interest rate thereon and the repayment terms and conditions thereof, all of which may vary among municipalities, shall be included in the agreements. Loans shall be provided at or below market interest rates. All such agreements with municipalities shall require that municipalities establish a dedicated source of revenue for repayment of the loans as provided in K.S.A. 65-163j. Such agreements shall further provide that repayment of any loan received shall begin not later than one year after completion of the project and that such loan shall be repaid in full no later than 20 years thereafter.

        (c)   If a municipality to which a loan is made available under this act fails to enter into an agreement with the secretary for the provision of such loan in accordance with the requirements of this act, the secretary may make the amount of the loan available for one or more other projects on the priority list.

        (d)   The secretary shall provide any municipality, upon request, with technical advice and assistance regarding a project or an application for a loan for the payment of all or part of project costs.

        History:   L. 1994, ch. 349, § 6; July 1.

• 65-163j: Same; loan repayment sources of municipalities; imposition of charges by secretary; remedy for failure to repay project loans; maintenance of project accounts. (a) The dedicated source of revenue for repayment of a loan to a municipality may include service charges, connection fees, special assessments, property taxes, grants or any other source of revenue lawfully available to the municipality for such purpose. In order to ensure repayment by municipalities of the amounts of loans provided under this act, the secretary, after consultation with the governing body of any municipality which receives a loan, may adopt charges to be levied against individuals and entities served by the project. Any such charges shall remain in effect until the total amount of the loan, and any interest thereon, has been repaid. The charges shall, insofar as is practicable, be equitably assessed and may be in the form of a surcharge to the existing charges of the municipality. The governing body of any municipality which receives a loan under this act shall collect any charges established by the secretary and shall pay the moneys collected therefrom to the secretary in accordance with procedures established by the secretary.

        (b)   Upon the failure of a municipality to meet the repayment terms and conditions of the agreement, the secretary may order the treasurer of the county in which the municipality is located to pay to the secretary such portion of the municipality's share of the local ad valorem tax reduction fund as may be necessary to meet the terms of the agreement, notwithstanding the provisions of K.S.A. 79-2960 and 79-2961, and amendments thereto. Upon the issuance of such an order, the municipality shall not be required to make the tax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961, and amendments thereto.

        (c)   Municipalities which are provided with loans under this act shall maintain project accounts in accordance with generally accepted government accounting standards.

        (d)   Any loans received by a municipality under the provisions of this act shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the municipality.

        History:   L. 1994, ch. 349, § 7; July 1.

• 65-163k: Same; annual reports. The secretary shall prepare an annual report describing how the state has met the goals and objectives for the previous year as identified in the intended use plan prepared pursuant to K.S.A. 65-163h.

        History:   L. 1994, ch. 349, § 8; July 1.

• 65-163l: Same; authority to issue bonds. (a) For the purpose of making loans under this act, the secretary may either: (1) Issue revenue bonds; or (2) enter into agreements with the Kansas development finance authority to issue revenue bonds. Such bonds may be sold at public sale or by a negotiated underwriting.

        (b)   The activities of the secretary in administering and performing the powers, duties and functions prescribed by the provisions of this act from the proceeds of bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto.

        History:   L. 1994, ch. 349, § 9; July 1.

• 65-163m: Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds. (a) Prior to the issuance of the revenue bonds under this act, a resolution or resolutions shall be adopted which, unless otherwise provided therein, shall take effect immediately and:

        (1)   Determine an interest rate or rates to be paid on the principal of the revenue bonds not in excess of the maximum rate of interest prescribed by K.S.A. 10-1009 and amendments thereto;

        (2)   determine that the revenue bonds will be term or serial bonds or any combination thereof maturing not later than 40 years from the date of issuance;

        (3)   make provision for prompt payment of the principal of and interest on the revenue bonds as they become due, to maintain any required reserves and to provide for any deficits resulting from failure to receive sums payable for the principle of or interest on loans made under this act or resulting from any other cause;

        (4)   sell the revenue bonds in the manner provided by K.S.A. 10-106 and amendments thereto, at a price of not less than 90% of the par value thereof; and

        (5)   register the revenue bonds with the state treasurer.

        (b)   Prior to the issuance of the revenue bonds, the secretary may:

        (1)   Pledge to the payment of the principal of and interest on the revenue bonds amounts received for payment of the principal of and interest on loans made under this act and any other amounts received for the purpose of payment of the principal of and interest on the revenue bonds;

        (2)   create and maintain (A) revenue bond funds adequate to promptly pay both the principal of and interest on the revenue bonds when they become due and (B) a reasonable reserve fund; and

        (3)   covenant or contract with respect to any and all matters consistent with the authority granted herein necessary and convenient in the determination of the secretary to sell the revenue bonds and obtain the most favorable interest rate thereon, including, but not limited to, maturities, priority of liens, number of issuances, special funds for security, redemption privileges, investments of the proceeds of the revenue bonds and any other funds pledged to the payment thereof or held as security therefor, security agreements, trust indentures, paying agencies, registration provisions and conversion privileges.

        History:   L. 1994, ch. 349, § 10; July 1.

• 65-163n: Same; bonds issued not state indebtedness; enforcibility of contracts, agreements and covenants. (a) Revenue bonds issued under this act, including refunding revenue bonds authorized hereunder, shall be special obligations in accordance with their terms and shall not constitute an indebtedness of the state of Kansas or the department, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.

        (b)   All contracts, agreements and covenants contained in the resolution authorizing the issuance of revenue bonds shall be binding in all respects upon the department of health and environment and its officials, agents, employees and successors. Such agreements, contracts and covenants shall be enforceable by appropriate legal action brought pursuant to the terms of the resolution authorizing the issuance of revenue bonds.

        History:   L. 1994, ch. 349, § 11; July 1.

• 65-163o: Same; issuance of refunding bonds. Revenue bonds may be issued for the purpose of refunding revenue bonds issued under this act.

        History:   L. 1994, ch. 349, § 12; July 1.

• 65-163p: Same; disposition of revenue derived from bond sales. The proceeds derived from the sale of all revenue bonds issued under this act shall be deposited in the state treasury and credited to the fund.

        History:   L. 1994, ch. 349, § 13; July 1.

• 65-163q: Same; income from bonds exempt from taxation. The revenue bonds issued under this act and any refunding revenue bonds authorized to be issued under this act, and the income derived therefrom, are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas inheritance taxes.

        History:   L. 1994, ch. 349, § 14; July 1.

• 65-163r: Same; bonds deemed legal and proper securities for investment by governmental entities. Revenue bonds issued under this act shall be proper and legal investment securities for any investment funds of the state of Kansas or any department, agency or institution thereof, or any county, municipal or other public corporation or political subdivision created pursuant to the laws of the state of Kansas. Revenue bonds issued under this act are hereby deemed and approved as collateral security for the deposit of any and all funds and for the investment of all trust funds under the jurisdiction of the laws of the state of Kansas.

        History:   L. 1994, ch. 349, § 15; July 1.

• 65-163s: Same; powers supplemental to other powers of the secretary; severability. (a) This act constitutes full and complete authority for the purposes set out in this act, and no procedure or proceedings other than those required by this act shall be necessary for the performance of the provisions thereof. The powers conferred by this act shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this act shall not affect, the powers conferred on the secreta