Session of 1998
                   
SENATE BILL No. 693
         
By Committee on Ways and Means
         
3-27
            9             AN ACT concerning the secretary of health and environment; reporting
10             of information concerning HIV and AIDS; contact tracing; amending
11             K.S.A. 65-6003 and K.S.A. 1997 Supp. 65-6002 and repealing the ex-
12             isting sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 65-6002 is hereby amended to read as
16       follows: 65-6002. (a) Whenever any physician has information indicating
17       that a person is HIV positive or is suffering from or has died from AIDS,
18       such knowledge or information shall be reported immediately to the sec-
19       retary, together with the name and address of the person who has AIDS,
20       or the name and former address of the deceased individual who had such
21       disease. Any laboratory director shall report all positive reactions to an
22       AIDS test to the secretary. Any physician who is in receipt of a report
23       indicating a positive reaction to a test for HIV infection resulting from
24       the examination of any specimen provided to a laboratory by such phy-
25       sician shall report all such positive reactions to the secretary. Reports by
26       physicians and laboratory directors shall be provided within one week of
27       acquisition of such information or receipt or interpretation of the positive
28       test results and shall designate the type of test or tests performed, the
29       date of performance of the test or tests, the results of the test or tests,
30       the name and address of the person tested, the sex, date of birth, county
31       of residence and racial/ethnic racial or ethnic group of the person tested.
32       For the purpose of reporting HIV infection only, the name of the patient
33       shall not be reported. The provisions of this subsection shall not apply to
34       a physician who, while performing services, other than the direct rendi-
35       tion of medical services, for an insurance company or health maintenance
36       organization becomes aware that a person has tested positive for HIV or
37       is suffering from or has died from AIDS.
38           (b) Any physician or laboratory director who reports the information
39       required to be reported under subsection (a) in good faith and without
40       malice to the secretary shall have immunity from any liability, civil or
41       criminal, that might otherwise be incurred or imposed in an action re-
42       sulting from such report. Any such physician or laboratory director shall
43       have the same immunity with respect to participation in any judicial pro-

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  1       ceeding resulting from such report.
  2           (c) Information required to be reported under subsection (a) and
  3       information obtained through laboratory tests conducted by the depart-
  4       ment of health and environment relating to HIV or AIDS and persons
  5       suffering therefrom or infected therewith shall be confidential and shall
  6       not be disclosed or made public, upon subpoena or otherwise, beyond
  7       the disclosure necessary under subsection (a) or under subsection (a) of
  8       K.S.A. 65-6003 and amendments thereto or the usual reporting of labo-
  9       ratory test results to persons specifically designated by the secretary as
10       authorized to obtain such information, except such information may be
11       disclosed:
12           (1) If no person can be identified in the information to be disclosed
13       and the disclosure is for statistical purposes;
14           (2) if all persons who are identifiable in the information to be dis-
15       closed consent in writing to its disclosure;
16           (3) if the disclosure is necessary, and only to the extent necessary, as
17       specified by rules and regulations of the secretary, to protect the public
18       health;
19           (4) if a medical emergency exists and the disclosure is to medical
20       personnel qualified to treat AIDS or HIV infection, except that any in-
21       formation disclosed pursuant to this paragraph shall be disclosed only to
22       the extent necessary to protect the health or life of a named party; or
23           (5) if the information to be disclosed is required in a court proceeding
24       involving a minor and the information is disclosed in camera.
25           (d) Information regarding cases of AIDS or HIV infection reported
26       in accordance with this section shall be used only as authorized under
27       this act. Such information shall not be used in any form or manner which
28       would lead to the discrimination against any individual or group with
29       regard to employment, to provision of medical care or acceptance into
30       any facilities or institutions for medical care, housing, education, trans-
31       portation, or for the provision of any other goods or services.
32           Sec. 2. K.S.A. 65-6003 is hereby amended to read as follows: 65-
33       6003. (a) The secretary shall investigate cases of persons who have tested
34       positive for HIV or who have AIDS and maintain a supervision over such
35       cases during their continuance and shall trace persons who have had
36       contact with persons which could result in the person being traced con-
37       tracting HIV or AIDS. The secretary may adopt and enforce rules and
38       regulations for the prevention and control of AIDS and for such other
39       matters relating to cases of persons who have tested positive for HIV or
40       who have AIDS as may be necessary to protect the public health.
41           (b) Any information relating to persons who have AIDS which is re-
42       quired to be disclosed or communicated under subsection (a) shall be
43       confidential and shall not be disclosed or made public beyond the disclo-

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  1       sure necessary under subsection (a) or under subsection (a) of K.S.A. 65-
  2       6002 and amendments thereto to persons specifically designated by the
  3       secretary as authorized to obtain such information, except as otherwise
  4       permitted by subsection (c) of K.S.A. 65-6002 and amendments thereto.
  5           (c) The secretary may enter into agreements with any county or joint
  6       board of health to perform duties required to be performed by the sec-
  7       retary under subsection (a) as specified by such agreement. The confi-
  8       dentiality requirements of subsection (b) shall apply to any duties per-
  9       formed pursuant to such an agreement.
10           Sec. 3. K.S.A. 65-6003 and K.S.A. 1997 Supp. 65-6002 are hereby
11       repealed.
12           Sec. 4. This act shall take effect and be in force from and after its
13       publication in the statute book.
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