Session of 1998
                   
HOUSE BILL No. 2896
         
By Representatives Tanner and Sloan, Beggs, Dreher, Howell, Mc-
         
Creary, O'Connor, Packer, Stone, Vickrey, Vining, Wilk and Wilson
         
2-12
          10             AN ACT concerning public health; relating to employees and officers
11             testing positive for AIDS tests; amending K.S.A. 1997 Supp. 65-6008
12             and repealing the existing section.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 65-6008 is hereby amended to read as
16       follows: 65-6008. (a) If a corrections officer, emergency services employee
17       or law enforcement employee comes in contact with or is otherwise ex-
18       posed to transmission of body fluids from one or more other persons while
19       performing duties within the scope of such employee's duties as an em-
20       ployee, the head of the employing agency or entity may make application
21       to a court of competent jurisdiction for an order requiring such other
22       person or persons to submit to infectious disease tests.
23           (b) Such application shall include an allegation that the person or
24       persons sought to be tested have been requested to voluntarily submit to
25       infectious disease tests and have refused the tests. When any such appli-
26       cation is received, the court shall hold a hearing forthwith and shall issue
27       its order thereon immediately if the court finds that: (1) There is probable
28       cause to believe that the employee involved has come in contact with or
29       otherwise been exposed to transmission of the body fluids of the person
30       or persons sought to be tested; and (2) the person or persons sought to
31       be tested have been requested to submit to the tests and have refused,
32       unless the court makes a further finding that exigent circumstances exist
33       which would, in the court's judgment, excuse the applicant from making
34       such a request.
35           (c) If an infectious disease test ordered pursuant to this section results
36       in a negative reaction, the court shall order the person tested to submit
37       to another infectious disease test six months from the date the first test
38       was administered.
39           (d) The results of any infectious disease test ordered pursuant to this
40       section shall be disclosed to the court which ordered the test, the em-
41       ployee and the person tested. If an infectious disease test ordered pur-
42       suant to this section results in a positive reaction, the results shall be
43       reported to the employee.

HB 2896

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  1           (e) (1) If a corrections officer, emergency services employee or law
  2       enforcement employee has a positive reaction to an AIDS test because of
  3       contact with or exposure to transmission of body fluids from one or more
  4       other persons while performing duties within the scope of such officer's
  5       or employee's duties as an officer or employee, the state of Kansas shall
  6       be responsible for all medical expenses incurred by such officer or em-
  7       ployee relating to the exposure to AIDS.
  8           (2) Medical expenses shall include, but not be limited to, copayments,
  9       deductibles, premium payments and payments above maximum lifetime
10       benefit limitations.
11           (3) The secretary of health and environment shall administer the pro-
12       visions of this section and may adopt rules and regulations therefore.
13           Sec. 2. K.S.A. 1997 Supp. 65-6008 is hereby repealed.
14           Sec. 3. This act shall take effect and be in force from and after its
15       publication in the statute book.
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