The membership of the screening panel shall be selected as follows: (a) A health care provider designated by the defendant or by the person against whom the claim is made if no petition has been filed; (b) a health care provider designated by the plaintiff or by the claimant if no petition has been filed; (c) a health care provider selected jointly by the plaintiff and the defendant or by the claimant and the person against whom the claim is made if no petition has been filed; and (d) an attorney selected by the judge of the district court or, if the district court has more than one division, the chief judge of such court from a list of attorneys maintained by the judge of the district court or, if the district court has more than one division, the chief judge of such court for such purpose. Such attorney shall be a nonvoting member of the screening panel but shall act as chairperson of the screening panel.
The state agency which licenses, registers, certifies or otherwise is responsible for the practice of any group of health care providers shall maintain and make available to the parties to the proceeding a current list of health care providers who are willing and available to serve on the screening panel. The persons appointed shall constitute the screening panel for the particular medical malpractice claim to be heard.
History: L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1; L. 1999, ch. 57, § 63; July 1.
History: L. 1976, ch. 249, § 2; L. 1986, ch. 229, § 48; L. 1999, ch. 57, § 64; July 1.
History: L. 1976, ch. 249, § 3; July 1.
(b) The screening panel shall notify all parties when its determination is to be handed down, and, within seven days of its decision, shall provide a copy of its opinion and any concurring or dissenting opinion to each party and each attorney of record and to the judge of the district court or, if the district court has more than one division, the chief judge of such court.
(c) The written report of the screening panel shall be admissible in any subsequent legal proceeding, and either party may subpoena any and all members of the panel as witnesses for examination relating to the issues at trial.
History: L. 1976, ch. 249, § 4; L. 1986, ch. 229, § 49; L. 1999, ch. 57, § 65; L. 2001, ch. 6, § 2; July 1.
History: L. 1976, ch. 249, § 5; July 1.
History: L. 1976, ch. 249, § 6; July 1.
(b) Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, then each side shall pay 1/2 of the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003 and amendments thereto.
History: L. 1976, ch. 249, § 7; L. 1986, ch. 229, § 50; L. 1991, ch. 175, § 2; July 1.
History: L. 1976, ch. 249, § 8; July 1.
(b) As used in this section, "health care provider" means a person licensed to practice any branch of the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, mid-level practitioner as defined under K.S.A. 65-468, and amendments thereto, licensed dentist, licensed professional nurse, licensed practical nurse, licensed optometrist, licensed podiatrist, licensed pharmacist, physical therapist or respiratory therapist.
History: L. 1976, ch. 267, § 2; L. 1978, ch. 262, § 1; L. 1986, ch. 231, § 33; L. 1988, ch. 246, § 21; L. 1992, ch. 158, § 9; April 30.
History: L. 1976, ch. 327, §§ 1 to 4; expired, Dec. 31, 1978.
History: L. 1984, ch. 238, § 1; July 1.
(1) "Health care provider" means: (A) Those persons and entities defined as a health care provider under K.S.A. 40-3401 and amendments thereto; and (B) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a professional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist licensed by the state board of healing arts, a physical therapist assistant certified by the state board of healing arts, an occupational therapist licensed by the state board of healing arts, an occupational therapy assistant licensed by the state board of healing arts, a respiratory therapist licensed by the state board of healing arts, a physician assistant licensed by the state board of healing arts and attendants and ambulance services certified by the emergency medical services board.
(2) "Health care provider group" means:
(A) A state or local association of health care providers or one or more committees thereof;
(B) the board of governors created under K.S.A. 40-3403 and amendments thereto;
(C) an organization of health care providers formed pursuant to state or federal law and authorized to evaluate medical and health care services;
(D) a review committee operating pursuant to K.S.A. 65-2840c and amendments thereto;
(E) an organized medical staff of a licensed medical care facility as defined by K.S.A. 65-425 and amendments thereto, an organized medical staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto or an organized medical staff of a state psychiatric hospital or state institution for the mentally retarded, as follows: Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Kansas neurological institute and Parsons state hospital and training center;
(F) a health care provider;
(G) a professional society of health care providers or one or more committees thereof;
(H) a Kansas corporation whose stockholders or members are health care providers or an association of health care providers, which corporation evaluates medical and health care services; or
(I) an insurance company, health maintenance organization or administrator of a health benefits plan which engages in any of the functions defined as peer review under this section.
(3) "Peer review" means any of the following functions:
(A) Evaluate and improve the quality of health care services rendered by health care providers;
(B) determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care;
(C) determine that the cost of health care rendered was considered reasonable by the providers of professional health services in this area;
(D) evaluate the qualifications, competence and performance of the providers of health care or to act upon matters relating to the discipline of any individual provider of health care;
(E) reduce morbidity or mortality;
(F) establish and enforce guidelines designed to keep within reasonable bounds the cost of health care;
(G) conduct of research;
(H) determine if a hospital's facilities are being properly utilized;
(I) supervise, discipline, admit, determine privileges or control members of a hospital's medical staff;
(J) review the professional qualifications or activities of health care providers;
(K) evaluate the quantity, quality and timeliness of health care services rendered to patients in the facility;
(L) evaluate, review or improve methods, procedures or treatments being utilized by the medical care facility or by health care providers in a facility rendering health care.
(4) "Peer review officer or committee" means:
(A) An individual employed, designated or appointed by, or a committee of or employed, designated or appointed by, a health care provider group and authorized to perform peer review; or
(B) a health care provider monitoring the delivery of health care at correctional institutions under the jurisdiction of the secretary of corrections.
(b) Except as provided by K.S.A. 60-437 and amendments thereto and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records submitted to or generated by peer review committees or officers shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process. The peer review officer or committee creating or initially receiving the record is the holder of the privilege established by this section. This privilege may be claimed by the legal entity creating the peer review committee or officer, or by the commissioner of insurance for any records or proceedings of the board of governors.
(c) Subsection (b) shall not apply to proceedings in which a health care provider contests the revocation, denial, restriction or termination of staff privileges or the license, registration, certification or other authorization to practice of the health care provider. A licensing agency in conducting a disciplinary proceeding in which admission of any peer review committee report, record or testimony is proposed shall hold the hearing in closed session when any such report, record or testimony is disclosed. Unless otherwise provided by law, a licensing agency conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel. The licensing agency shall make the portions of the agency record in which such report or record is disclosed subject to a protective order prohibiting further disclosure of such report or record. Such report or record shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section which was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing. A licensing agency conducting a disciplinary proceeding may review peer review committee records, testimony or reports but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in open meeting of the licensing agency. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, records or report.
(d) Nothing in this section shall limit the authority, which may otherwise be provided by law, of the commissioner of insurance, the state board of healing arts or other health care provider licensing or disciplinary boards of this state to require a peer review committee or officer to report to it any disciplinary action or recommendation of such committee or officer; to transfer to it records of such committee's or officer's proceedings or actions to restrict or revoke the license, registration, certification or other authorization to practice of a health care provider; or to terminate the liability of the fund for all claims against a specific health care provider for damages for death or personal injury pursuant to subsection (i) of K.S.A. 40-3403 and amendments thereto. Reports and records so furnished shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding other than a disciplinary proceeding by the state board of healing arts or other health care provider licensing or disciplinary boards of this state.
(e) A peer review committee or officer may report to and discuss its activities, information and findings to other peer review committees or officers or to a board of directors or an administrative officer of a health care provider without waiver of the privilege provided by subsection (b) and the records of all such committees or officers relating to such report shall be privileged as provided by subsection (b).
(f) Nothing in this section shall be construed to prevent an insured from obtaining information pertaining to payment of benefits under a contract with an insurance company, a health maintenance organization or an administrator of a health benefits plan.
History: L. 1984, ch. 238, § 7; L. 1987, ch. 176, § 7; L. 1988, ch. 236, § 1; L. 1993, ch. 171, § 1; L. 1996, ch. 5, § 1; L. 1997, ch. 149, § 1; L. 1999, ch. 87, § 5; L. 2000, ch. 162, § 22; L. 2002, ch. 203, § 18; L. 2003, ch. 128, § 25; Apr. 1, 2004.
History: L. 1984, ch. 238, § 16; July 1.
(a) "Appropriate licensing agency" means the agency that issued the license to the individual or health care provider who is the subject of a report under this act.
(b) "Department" means the department of health and environment.
(c) "Health care provider" means: (1) Those persons and entities defined as a health care provider under K.S.A. 40-3401 and amendments thereto; and (2) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a professional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist licensed by the state board of healing arts, a physical therapist assistant certified by the state board of healing arts, an occupational therapist licensed by the state board of healing arts, an occupational therapy assistant licensed by the state board of healing arts and a respiratory therapist licensed by the state board of healing arts.
(d) "License," "licensee" and "licensing" include comparable terms which relate to regulation similar to licensure, such as registration.
(e) "Medical care facility" means: (1) A medical care facility licensed under K.S.A. 65-425 et seq. and amendments thereto; (2) a private psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto; and (3) state psychiatric hospitals and state institutions for the mentally retarded, as follows: Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Kansas neurological institute and Parsons state hospital and training center.
(f) "Reportable incident" means an act by a health care provider which: (1) Is or may be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or (2) may be grounds for disciplinary action by the appropriate licensing agency.
(g) "Risk manager" means the individual designated by a medical care facility to administer its internal risk management program and to receive reports of reportable incidents within the facility.
(h) "Secretary" means the secretary of health and environment.
History: L. 1986, ch. 229, § 2; L. 1987, ch. 176, § 8; L. 1988, ch. 236, § 2; L. 1999, ch. 87, § 6; L. 2002, ch. 203, § 19; L. 2003, ch. 128, § 26; Apr. 1, 2004.
(1) A system for investigation and analysis of the frequency and causes of reportable incidents within the facility;
(2) measures to minimize the occurrence of reportable incidents and the resulting injuries within the facility; and
(3) a reporting system based upon the duty of all health care providers staffing the facility and all agents and employees of the facility directly involved in the delivery of health care services to report reportable incidents to the chief of the medical staff, chief administrative officer or risk manager of the facility.
(b) Not less than 60 days before the time for renewal of its license in 1987, each medical care facility shall submit to the department its plan for establishing and implementing an internal risk management program. Such plan may rely upon policies and procedures adopted by the medical care facility and its departments and committees. Failure to submit such a plan shall result in denial of the renewal of the facility's license.
(c) The department shall make or cause to be made such inspections and investigations as it deems necessary to reasonably assure that each medical care facility is implementing the internal risk management program required by this section. In making such inspections and investigations, the department may review and copy the reports and records of all executive committees designated to investigate reportable incidents under this act.
(d) Upon review of a plan submitted pursuant to subsection (b), the department shall determine whether the plan meets criteria of this section. If the plan does not meet such criteria, the department shall disapprove the plan and return it to the facility, along with the reasons for disapproval. Within 60 days, the facility shall submit to the department a revised plan which meets the requirements of this section and any rules and regulations adopted hereunder. No medical care facility shall be granted renewal of its license in 1988 unless its plan has been approved by the department.
(e) A medical care facility shall not be liable for compliance with or failure to comply with the provisions of this section or any rules and regulations adopted hereunder, except as provided in K.S.A. 65-430 and amendments thereto.
(f) The secretary shall adopt such rules and regulations as necessary to administer and enforce the provisions of this section.
(g) Any reports and records reviewed or obtained by the department and in the department's possession, pursuant to subsection (a) of K.S.A. 65-4925, and amendments thereto, shall be confidential and privileged and not subject to discovery, subpoena or legal compulsion for their release to any person or entity, nor shall they be admissible in any civil or administrative action other than a disciplinary proceeding by the department.
History: L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L. 1989, ch. 201, § 1; April 27.
(1) If the reportable incident did not occur in a medical care facility, the report shall be made to the appropriate state or county professional society or organization, which shall refer the matter to a professional practices review committee duly constituted pursuant to the society's or organization's bylaws. The committee shall investigate all such reports and take appropriate action. The committee shall have the duty to report to the appropriate state licensing agency any finding by the committee that a health care provider acted below the applicable standard of care which action had a reasonable probability of causing injury to a patient, or in a manner which may be grounds for disciplinary action by the appropriate licensing agency, so that the agency may take appropriate disciplinary measures.
(2) If the reportable incident occurred within a medical care facility, the report shall be made to the chief of the medical staff, chief administrative officer or risk manager of the facility. The chief of the medical staff, chief administrative officer or risk manager shall refer the report to the appropriate executive committee or professional practices peer review committee which is duly constituted pursuant to the bylaws of the facility. The committee shall investigate all such reports and take appropriate action, including recommendation of a restriction of privileges at the appropriate medical care facility. In making its investigation, the committee may also consider treatment rendered by the health care provider outside the facility. The committee shall have the duty to report to the appropriate state licensing agency any finding by the committee that a health care provider acted below the applicable standard of care which action had a reasonable probability of causing injury to a patient, or in a manner which may be grounds for disciplinary action by the appropriate licensing agency, so that the agency may take appropriate disciplinary measures.
(3) If the health care provider involved in the reportable incident is a medical care facility, the report shall be made to the chief of the medical staff, chief administrative officer or risk manager of the facility. The chief of the medical staff, chief administrative officer or risk manager shall refer the report to the appropriate executive committee which is duly constituted pursuant to the bylaws of the facility. The executive committee shall investigate all such reports and take appropriate action. The committee shall have the duty to report to the department of health and environment any finding that the facility acted in a manner which is below the applicable standard of care and which has a reasonable probability of causing injury to a patient, so that appropriate disciplinary measures may be taken.
(4) As used in this subsection (a), "knowledge" means familiarity because of direct involvement or observation of the incident.
(5) This subsection (a) shall not be construed to modify or negate the physician-patient privilege, the psychologist-client privilege or the social worker-client privilege as codified by Kansas statutes.
(b) If a reportable incident is reported to a state agency which licenses health care providers, the agency may investigate the report or may refer the report to a review or executive committee to which the report could have been made under subsection (a) for investigation by such committee.
(c) When a report is made under this section, the person making the report shall not be required to report the reportable incident pursuant to K.S.A. 65-28,122 or 65-4216, and amendments to such sections. When a report made under this section is investigated pursuant to the procedure set forth under this section, the person or entity to which the report is made shall not be required to report the reportable incident pursuant to K.S.A. 65-28,121, 65-28,122 or 65-4216, and amendments to such sections.
(d) Each review and executive committee referred to in subsection (a) shall submit to the secretary of health and environment, on a form promulgated by such agency, at least once every three months, a report summarizing the reports received pursuant to subsections (a)(2) and (a)(3) of this section. The report shall include the number of reportable incidents reported, whether an investigation was conducted and any action taken.
(e) If a state agency that licenses health care providers determines that a review or executive committee referred to in subsection (a) is not fulfilling its duties under this section, the agency, upon notice and an opportunity to be heard, may require all reports pursuant to this section to be made directly to the agency.
(f) The provisions of this section shall not apply to a health care provider acting solely as a consultant or providing review at the request of any person or party.
History: L. 1986, ch. 229, § 4; L. 1987, ch. 176, § 10; L. 1988, ch. 236, § 3; July 1.
(b) The state licensing agency shall have the authority to enter into an agreement with the impaired provider committee of the appropriate state or county professional society or organization to undertake those functions and responsibilities specified in the agreement and to provide for payment therefor from moneys appropriated to the agency for that purpose. Such functions and responsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) receiving and evaluating reports of suspected impairment from any source;
(3) intervening in cases of verified impairment;
(4) referring impaired providers to treatment programs;
(5) monitoring the treatment and rehabilitation of impaired health care providers;
(6) providing posttreatment monitoring and support of rehabilitated impaired health care providers; and
(7) performing such other activities as agreed upon by the licensing agency and the impaired provider committee.
(c) The impaired provider committee shall develop procedures in consultation with the licensing agency for:
(1) Periodic reporting of statistical information regarding impaired provider program activity;
(2) periodic disclosure and joint review of such information as the licensing agency considers appropriate regarding reports received, contacts or investigations made and the disposition of each report;
(3) immediate reporting to the licensing agency of the name and results of any contact or investigation regarding any impaired provider who is believed to constitute an imminent danger to the public or to self;
(4) reporting to the licensing agency, in a timely fashion, any impaired provider who refuses to cooperate with the committee or refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment, and who in the opinion of the committee exhibits professional incompetence; and
(5) informing each participant of the impaired provider committee of the procedures, the responsibilities of participants and the possible consequences of noncompliance.
(d) If the licensing agency has reasonable cause to believe that a health care provider is impaired, the licensing agency may cause an evaluation of such health care provider to be conducted by the impaired provider committee or its designee for the purpose of determining if there is an impairment. The impaired provider committee or its designee shall report the findings of its evaluation to the licensing agency.
(e) An impaired health care provider may submit a written request to the licensing agency for a restriction of the provider's license. The agency may grant such request for restriction and shall have authority to attach conditions to the licensure of the provider to practice within specified limitations. Removal of a voluntary restriction on licensure to practice shall be subject to the statutory procedure for reinstatement of license.
(f) A report to the impaired provider committee shall be deemed to be a report to the licensing agency for the purposes of any mandated reporting of provider impairment otherwise provided for by the law of this state.
(g) An impaired provider who is participating in, or has successfully completed, a treatment program pursuant to this section shall not be excluded from any medical care facility staff solely because of such participation. However, the medical care facility may consider any impairment in determining the extent of privileges granted to a health care provider.
(h) Notwithstanding any other provision of law, a state or county professional society or organization and the members thereof shall not be liable to any person for any acts, omissions or recommendations made in good faith while acting within the scope of the responsibilities imposed pursuant to this section.
History: L. 1986, ch. 229, § 5; July 1.
(1) Reports and records of executive or review committees of medical care facilities or of a professional society or organization;
(2) reports and records of the chief of the medical staff, chief administrative officer or risk manager of a medical care facility;
(3) reports and records of any state licensing agency or impaired provider committee of a professional society or organization; and
(4) reports made pursuant to this act to or by a medical care facility risk manager, any committee, the board of directors, administrative officer or any consultant.
Such reports and records shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in any civil or administrative action other than a disciplinary proceeding by the appropriate state licensing agency.
(b) No person in attendance at any meeting of an executive or review committee of a medical care facility or of a professional society or organization while such committee is engaged in the duties imposed by K.S.A. 65-4923 shall be compelled to testify in any civil, criminal or administrative action, other than a disciplinary proceeding by the appropriate licensing agency, as to any committee discussions or proceedings.
(c) No person in attendance at any meeting of an impaired provider committee shall be required to testify, nor shall the testimony of such person be admitted into evidence, in any civil, criminal or administrative action, other than a disciplinary proceeding by the appropriate state licensing agency, as to any committee discussions or proceedings.
(d) Any person or committee performing any duty pursuant to this act shall be designated a peer review committee or officer pursuant to K.S.A. 65-4915 and amendments thereto.
(e) A licensing agency in conducting a disciplinary proceeding in which admission of any peer review committee report, record or testimony is proposed shall hold the hearing in closed session when any such report, record or testimony is disclosed. Unless otherwise provided by law, a licensing agency conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel. The licensing agency shall make the portions of the agency record in which such report or record is disclosed subject to a protective order prohibiting further disclosure of such report or record. Such report or record shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section which was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing. A licensing agency conducting a disciplinary proceeding may review peer review committee records, testimony or reports but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in open meeting of the licensing agency. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, records or report.
History: L. 1986, ch. 229, § 6; L. 1987, ch. 176, § 11; L. 1997, ch. 149, § 2; May 1.
History: L. 1986, ch. 229, § 7; July 1.
(b) The license of a person or entity required to report under subsection (a) of K.S.A. 65-4923 may be revoked, suspended or limited, or the licensee subjected to public or private censure, by the appropriate state licensing agency if the licensee is found, pursuant to the Kansas administrative procedure act, to have willfully and knowingly failed to make any report as required by K.S.A. 65-4923 or 65-4924.
(c) Willful and knowing failure to make a report required by K.S.A. 65-4923 or 65-4924 is a class C misdemeanor.
(d) In no event shall a medical care facility or a professional society or organization be liable in damages for the alleged failure to properly investigate or act upon any report made pursuant to K.S.A. 65-4923.
History: L. 1986, ch. 229, § 8; July 1.
(b) Any employer who violates the provisions of subsection (a) shall be liable to the aggrieved employee for damages for any wages or other benefits lost due to the discharge or discrimination plus a civil penalty in an amount not exceeding the amount of such damages. Such damages and civil penalty shall be recoverable in an individual action brought by the aggrieved employee. If the aggrieved employee substantially prevails on any of the allegations contained in the pleadings in an action allowed by this section, the court, in its discretion, may allow the employee reasonable attorney fees as part of the costs.
History: L. 1986, ch. 229, § 9; July 1.
(b) Health care providers and review, executive or impaired provider committees performing their duties under K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.S.A. 65-4915 and amendments thereto for the purposes expressed in subsection (a) and 65-4915 and amendments thereto shall be considered to be state officers engaged in a discretionary function and all immunity of the state shall be extended to such health care providers and committees, including that from the federal and state antitrust laws.
(c) Nothing in this section shall be construed to require health care providers or review, executive or impaired provider committees to be subject to or comply with any other law relating to or regulating state agencies, officers or employees.
History: L. 1986, ch. 229, § 10; July 1.
History: L. 1986, ch. 229, § 11; L. 1988, ch. 236, § 4; July 1.
(a) "Cardiopulmonary resuscitation" means chest compressions, assisted ventilations, intubation, defibrillation, administration of cardiotonic medications or other medical procedure which is intended to restart breathing or heart functioning;
(b) "do not resuscitate" directive or "DNR directive" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of this act;
(c) "do not resuscitate order" or "DNR order" means instruction by the physician who is responsible for the care of the patient while admitted to a medical care facility licensed pursuant to K.S.A. 65-429, and amendments thereto, or an adult care home licensed pursuant to K.S.A. 39-928, and amendments thereto;
(d) "health care provider" means a health care provider as that term is defined by K.S.A. 65-4915, and amendments thereto;
(e) "DNR identifier" means a medallion or bracelet designed to be worn by a patient which has been inscribed to identify the patient and contains the letters "DNR" or the statement "do not resuscitate" when such DNR identifier is distributed by an entity certified by the emergency medical services board;
(f) "physician" means a person licensed to practice medicine and surgery by the state board of healing arts; and
(g) "declarant" means any person who has executed a "do not resuscitate" directive in accordance with the provisions of this act.
History: L. 1994, ch. 143, § 1; April 14.
I, ____________________, request limited emergency care as herein
(name)
described.
I understand DNR means that if my heart stops beating or if I stop breathing,
no medical procedure to restart breathing or heart functioning will be
instituted.
I understand this decision will not prevent me from obtaining other
emergency medical care by pre-hospital care providers or medical care directed
by a physician prior to my death.
I understand I may revoke this directive at any time.
I give permission for this information to be given to the pre-hospital care
providers, doctors, nurses or other health care personnel as necessary to
implement
this directive.
I hereby agree to the "Do Not Resuscitate" (DNR) directive.
I AFFIRM THIS DIRECTIVE IS THE EXPRESSED WISH OF THE PATIENT, IS MEDICALLY
APPROPRIATE, AND IS DOCUMENTED IN THE PATIENT'S PERMANENT MEDICAL RECORD.
In the event of an acute cardiac or respiratory arrest, no cardiopulmonary
resuscitation will be initiated.
*Signature of physician not required if the above-named is a member of a church
or religion which, in lieu of medical care and treatment, provides treatment by
spiritual means through prayer alone and care consistent therewith in
accordance with the tenets and practices of such church or religion.
I hereby revoke the above declaration.
History: L. 1994, ch. 143, § 2; April 14.
History: L. 1994, ch. 143, § 3; April 14.
History: L. 1994, ch. 143, § 4; April 14.
History: L. 1994, ch. 143, § 5; April 14.
History: L. 1994, ch. 143, § 6; April 14.
History: L. 1994, ch. 143, § 7; April 14.
History: L. 1994, ch. 143, § 8; April 14.
(b) The legislature finds as follows: (1) Technological and scientific
developments in health care have enhanced the prospects for further improvement
in the quality of care provided to Kansas citizens; (2) the costs of improved
technology and improved scientific methods for the provision of health care are
significant factors in the escalating cost of health care; (3) cooperative
agreements among health care providers concerning the provision of services can
foster further improvements in the quality of health care for Kansas citizens,
moderate increases in costs, avoid duplication of resources and improve access
to needed services in rural areas of Kansas; and (4) because cooperative
agreements may require health care providers to collaborate on the provision of
services, thereby raising the issue of anti-trust effects, regulatory
oversight of cooperative agreements is necessary to ensure that the
benefits of agreements outweigh any disadvantages attributable to any reduction
in competition resulting from such agreements.
(c) Cooperative agreements approved pursuant to this act articulate and
implement the policy of the state to improve and protect the quality and
availability of health care to Kansas citizens. Continued active supervision by
the state over all aspects of such agreements, and the standards and
requirements established by this act, will provide protection to the public
offsetting the loss of protection otherwise provided by competition.
History: L. 1994, ch. 153, § 1; April 14.
(a) "Cooperative agreement" means an agreement among two or more health care
providers for the sharing, allocation or referral of patients, personnel,
instructional programs, support services and facilities, or medical, diagnostic
or laboratory facilities or procedures or other services traditionally offered
by health care providers.
(b) "Health care provider" means health care provider as defined under
K.S.A.
65-4921 and amendments thereto; licensed pharmacist; or licensed optometrist.
(c) "Hospital" has the same meaning as defined under K.S.A. 65-425 and
amendments thereto.
(d) "Secretary" means the secretary of health and environment.
History: L. 1994, ch. 153, § 2; April 14.
(b) Parties to a cooperative agreement may apply to the secretary for a
certificate of public advantage approving and governing that cooperative
agreement. The application shall include an executed copy of the cooperative
agreement and shall describe the nature and scope of the cooperation in the
agreement and any consideration passing to any party under the agreement. The
application shall be accompanied by an application fee fixed by the secretary
by
rules and regulations in an amount necessary to defray all or part of the costs
of the agency in the determination of whether to grant or deny a certificate of
public advantage under the
health care provider cooperation act.
(c) The secretary shall review the application in accordance with the
standards set forth in subsections (e) and (f) of this section, and shall hold
a public hearing in accordance with rules and regulations adopted by the
secretary. The secretary shall approve or deny the application within 90 days
of the date of filing of the application and that decision shall be in writing
and set forth the basis for the decision.
(d) The secretary shall issue a certificate of public advantage for a
cooperative agreement if the secretary determines the applicants have
demonstrated that
the benefits resulting from the agreement outweigh any disadvantages
attributable to a reduction in competition that may result from the agreement.
(e) In evaluating the potential benefits of a cooperative agreement, the
secretary shall consider whether one or more of the following benefits may
result from the cooperative agreement:
(1) Enhancement of the quality of health care provided to Kansas citizens;
(2) preservation of health care facilities or providers, or both, in
geographical proximity to the communities traditionally served by those
facilities or providers, or both;
(3) increased cost efficiency of services provided by the health care
providers involved;
(4) improvements in the utilization of health care resources and equipment;
and
(5) avoidance of duplication of resources.
(f) The secretary's evaluation of any disadvantages attributable to a
reduction in competition likely to result from the agreement shall include, but
not be limited to, the following factors:
(1) The extent of any adverse impact on the ability of health maintenance
organizations, preferred provider organizations, managed health care service
agents or other health care payers to negotiate optimal payment and service
arrangements with hospitals, physicians, allied health care professionals or
other health care providers;
(2) the extent of any reduction in competition among health care providers
or other persons furnishing goods or services to, or in competition with,
health care providers that may result directly or indirectly from the
cooperative agreement;
(3) the extent of any adverse impact on patients in the quality,
availability and cost of health care services; and
(4) the availability of arrangements that are less restrictive to
competition and achieve the same benefits or a more favorable balance of
benefits over disadvantages attributable to any reduction in competition which
may result from the agreement.
(g) A cooperative agreement approved pursuant to this act may be amended
only after the amendment is approved by the secretary in the same manner as
required for initial approval of the cooperative agreement.
History: L. 1994, ch. 153, § 3; April 14.
History: L. 1994, ch. 153, § 4; April 14.
History: L. 1994, ch. 153, § 5; April 14.
(b) The provisions of this act shall apply to any agreement among health
care providers by which ownership or control over substantially all of the
stock, assets or activities of one or more health care providers is placed
under the control of another health care provider.
(c) The provisions of this act shall not apply to:
(1) Any cooperative agreement entered into by health care providers prior to
the effective date of this act; or
(2) any authorized activity of a rural health network under
K.S.A. 65-468 et seq., and amendments thereto.
(d) The rights and responsibilities of the parties to a cooperative
agreement shall be determined in accordance with the provisions of the
cooperative agreement.
History: L. 1994, ch. 153, § 6; April 14.
History: L. 1994, ch. 153, § 7; April 14.
History: L. 2002, ch. 113, § 1; Jan. 1, 2003.
History: L. 2002, ch. 113, § 3; Jan. 1, 2003.
(b) No person dispensing contact lenses as defined under subsection (a) may
dispense contact lenses through the mail to Kansas residents
unless such person meets the criteria of this section, is registered under this
section and pays the annual registration fee set by the state board
of healing arts. Registration fees shall not exceed the annual fee
for an initial or renewal permit to practice optometry in this state as
provided in K.S.A. 65-1505 and amendments thereto.
(c) Approval of the registration for dispensing contact lenses shall be
provided by the state board of healing arts upon certification by the person
dispensing the contact lenses that such person:
(1) Is licensed or registered to dispense contact lenses in the state where
the dispensing facility is located, if required to be licensed or registered in
such state;
(2) provides the location, names and titles of all principal corporate
officers and of the individual who is responsible for overseeing the dispensing
of
contact lenses in Kansas;
(3) complies with directions and appropriate requests for information from
the regulating agency of each state where such person is licensed or
registered;
(4) will respond directly and within a
reasonable period of time, not to exceed 15 days, to all communications from
the state board of healing arts concerning the dispensing of contact lenses in
Kansas;
(5) maintains records of contact lenses and their corresponding valid,
unexpired prescription dispensed in Kansas;
(6) agrees to cooperate with the state board of healing arts in providing
information to the
regulatory agency of any state where it is licensed or registered concerning
matters related to the dispensing of contact lenses in Kansas;
(7) provides a toll-free telephone service for responding to questions and
complaints from individuals in Kansas during such person's regular hours of
operation and agrees to (a) include the toll-free number in literature provided
with mailed contact lenses and (b) refer all questions relating to eye care for
the lenses prescribed to the licensee
who determined the contact lens prescription;
(8) provides the following, or substantially equivalent, written notification
to the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS, REMOVE YOUR
LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR
LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE OR
REDNESS;
(9) fills contact lens prescriptions according to the strict directions of
a person licensed to practice optometry or person licensed to practice medicine
and surgery in Kansas,
without any deviation or substitution of lenses; and
(10) consents in writing to the personal and subject matter jurisdiction of
the district courts of this state and the state board of healing arts for
actions
arising out
of this act.
(d) The state board of healing arts shall remit all moneys received under
this section to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the healing arts fee fund.
History: L. 2002, ch. 113, § 4; Jan. 1, 2003.
(b) (1) Upon a finding of any violation of the patient's contact lens
prescription release act, in lieu of or in addition to any other action, the
board of examiners in optometry for persons licensed by the board of examiners
in optometry or the state board of healing arts for persons subject to the
provisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A.
65-4967, and
amendments thereto, or licensed by the state board of healing arts to practice
medicine and surgery may assess a
civil fine not in excess of $10,000 against such person dispensing contact
lenses under this act.
(2) The board of examiners in optometry shall remit all moneys received
under
this section to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of such remittance the state
treasurer shall deposit the entire amount in the state treasury. The state
treasurer shall then deposit into the optometry fee fund an amount
from such deposits equal to the board's actual costs, including attorney fees,
related to fine assessment and enforcement as certified by the president of the
board. All expenditures from such
funds shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by the
president of the board or by a person designated by the president.
(3) The state board of healing arts shall remit all moneys received
under
this section to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of such remittance the state
treasurer shall deposit the entire amount in the state treasury. The state
treasurer shall then deposit into the healing arts fee fund an amount
from such deposits equal to the board's actual costs, including attorney fees,
related to fine assessment and enforcement as certified by the president of the
board. All expenditures from such
funds shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by the
president of the board or by a person designated by the president.
(c) If a person dispensing contact lenses is operating in violation of the
patient's
contact lens prescription release act, for persons licensed by the board of
examiners in optometry, the
board of examiners in optometry or the attorney general may commence an action
to enjoin such person from further violations. If a person dispensing contact
lenses who is subject to the provisions of K.S.A. 65-4967, and amendments
thereto, is registered under K.S.A. 65-4967, and amendments thereto, or is
licensed by the
state board of healing arts, is operating in violation of the patient's contact
lens prescription release act, the state board of healing arts or the attorney
general may commence an action in the name of the state of Kansas to enjoin
such person from further violations or from mailing, shipping or otherwise
delivering contact lenses in Kansas.
(d) The board of examiners in optometry shall administer and
enforce the provisions of the
patient's contact lens prescription release act for persons licensed by the
board of examiners in optometry, and the state board of healing arts shall
administer and enforce the provisions of the patient's contact lens
prescription release act for persons subject to the provisions of K.S.A.
65-4967, and amendments thereto, registered under K.S.A. 65-4967, and
amendments thereto, or licensed by the state board of healing arts, and each
such board is hereby granted such
specific powers as are necessary for the purpose of administering and enforcing
such law, including adopting rules and regulations, which rules and regulations
shall not be inconsistent with the provisions of the law being enforced.
History: L. 2002, ch. 113, § 5; Jan. 1, 2003.
(b) If a vacancy occurs on the council, the state board of healing arts
shall appoint a person of like qualifications
to fill the vacant position for the unexpired term, if any.
The members appointed
shall serve at the pleasure of the state board
of healing arts.
(c) Members of the council attending meetings of the council, or attending a
subcommittee meeting thereof authorized by the council, shall be paid amounts
provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the
healing arts fee fund.
History: L. 2002, ch. 113, § 6; Jan. 1, 2003.
(b) "Authorized representative" means the person designated in writing by the
patient to obtain the health care records of the patient or the person
otherwise authorized by law to obtain the health care records of the patient.
(c) "Authorization" means a written or printed document signed by a patient
or a patient's authorized representative containing: (1) A description of the
health care records a health care provider is authorized to produce; (2) the
patient's name, address and date of birth; (3) a designation of the person or
entity authorized to obtain copies of the health care records; (4) a date or
event upon which the force of the authorization shall expire which shall not
exceed one year; (5) if signed by a patient's authorized representative,
the authorized representative's name, address, telephone number and
relationship or capacity to the patient; and (6) a statement setting forth the
right of the person signing the authorization to revoke it in writing.
History: L. 2002, ch. 165, § 1; June 6.
(b) On January 1, 2004, and annually thereafter, the fees set forth in
subsection (a) shall be increased by the secretary of
labor in
accordance with the all-items consumer price index published by the United
States department of labor.
History: L. 2002, ch. 165, § 2;
L. 2004, ch. 179, § 90; July 1.
History: L. 2002, ch. 165, § 3; June 6.
History: L. 2002, ch. 165, § 4; June 6.
(b) If neither of the designations described in subsection (a) has been made or neither of
the parties described in subsection (a) can be contacted using reasonably diligent efforts, any
member of the adult or emancipated child's family, in the order listed in this
subsection, who has
the capacity to provide informed consent and can be contacted using reasonably
diligent efforts
may provide informed consent to a research protocol, as described in subsection
(a). The order of
priority for family members to provide consent is as follows:
(1) The adult or emancipated minor's spouse, unless they are legally
separated;
(2) an adult child;
(3) a parent; or
(4) an adult relative by blood or marriage.
(c) Nothing in this section shall authorize a legal guardian, attorney in
fact with the
authority to make health care decisions or family member authorized to provide
informed
consent pursuant to subsection (b) to provide informed consent as to research
protocols that are
contrary to the incapacitated person's permission, expressed orally or in
writing, regarding such
research protocols.
History: L. 2004, ch. 109, § 1; July 1.
History: L. 2006, ch. 110, § 1; July 1.
History: L. 2006, ch. 110, § 2; July 1.
(1) Should be an active participant in decisions about the assessment,
diagnosis and treatment of their pain.
(2) May accept or reject the use of any or all diagnostic and therapeutic
modalities which may be recommended to treat such person's pain.
(3) Should accurately, completely, and honestly report all symptoms and
concerns to physicians and other health care professionals conducting
assessment and treatment of such person's pain.
(b) Nothing in this act shall be construed to prevent, restrict or limit a
physician or other person authorized to prescribe drugs from prescribing,
dispensing, administering, or distributing a controlled substance to a patient
for the treatment of pain, when it is for a valid medical purpose and based on
appropriate clinical indications.
(c) Nothing in this act shall be construed to require a physician or other
person authorized to prescribe drugs to prescribe, dispense, administer, or
distribute a controlled substance to a patient for the treatment of pain if in
the judgment of the prescriber the use of a controlled substance is not
clinically indicated or the most appropriate therapeutic modality.
History: L. 2006, ch. 110, § 3; July 1.
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Signature Date
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Witness Date
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Attending Physician's Signature* Date
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Address Facility or Agency Name
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Signature Date