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Session of 2000
          HOUSE Substitute for SENATE BILL No. 115           By Committee on Federal and State Affairs           3-28          

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  9             AN  ACT concerning medical care facilities; relating to ambulatory sur-
10             gical centers; amending K.S.A. 1999 Supp. 65-425 and repealing the
11             existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 65-425 is hereby amended to read as
15       follows: 65-425. As used in this act:
16             (a) ``General hospital'' means an establishment with an organized
17       medical staff of physicians; with permanent facilities that include inpatient
18       beds; and with medical services, including physician services, and contin-
19       uous registered professional nursing services for not less than 24 hours
20       of every day, to provide diagnosis and treatment for patients who have a
21       variety of medical conditions.
22             (b) ``Special hospital'' means an establishment with an organized
23       medical staff of physicians; with permanent facilities that include inpatient
24       beds; and with medical services, including physician services, and contin-
25       uous registered professional nursing services for not less than 24 hours
26       of every day, to provide diagnosis and treatment for patients who have
27       specified medical conditions.
28             (c) ``Person'' means any individual, firm, partnership, corporation,
29       company, association, or joint-stock association, and the legal successor
30       thereof.
31             (d) ``Governmental unit'' means the state, or any county, municipality,
32       or other political subdivision thereof; or any department, division, board
33       or other agency of any of the foregoing.
34             (e) ``Licensing agency'' means the department of health and
35       environment.
36             (f) ``Ambulatory surgical center'' means an establishment with an or-
37       ganized medical staff of one or more physicians; with permanent facilities
38       that are equipped and operated primarily for the purpose of performing
39       surgical procedures or procedures for the induced termination of human
40       pregnancy; with continuous physician services during surgical procedures
41       and until the patient has recovered from the obvious effects of anesthetic
42       and at all other times with physician services available whenever a patient
43       is in the facility; with continuous registered professional nursing services

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  1       whenever a patient is in the facility; and which does not provide services
  2       or other accommodations for patient to stay more than 24 hours. Before
  3       discharge from an ambulatory surgical center, each patient who has re-
  4       ceived an anesthetic shall be evaluated by a physician for proper anesthe-
  5       sia recovery. Nothing in this section shall be construed to require the
  6       office of a physician or physicians to be licensed under this act as an
  7       ambulatory surgical center unless procedures for the induced termination
  8       of human pregnancy are performed in such office.
  9             (g) ``Recuperation center'' means an establishment with an organized
10       medical staff of physicians; with permanent facilities that include inpatient
11       beds; and with medical services, including physician services, and contin-
12       uous registered professional nursing services for not less than 24 hours
13       of every day, to provide treatment for patients who require inpatient care
14       but are not in an acute phase of illness, who currently require primary
15       convalescent or restorative services, and who have a variety of medical
16       conditions.
17             (h) ``Medical care facility'' means a hospital, ambulatory surgical cen-
18       ter or recuperation center, but shall not include a hospice which is cer-
19       tified to participate in the medicare program under 42 code of federal
20       regulations, chapter IV, section 418.1 et seq. and amendments thereto
21       and which provides services only to hospice patients.
22             (i) ``Critical access hospital'' shall have the meaning ascribed to such
23       term under K.S.A. 65-468 and amendments thereto.
24             (j) ``Hospital'' means ``general hospital,'' `` critical access hospital,'' or
25       ``special hospital.''
26             (k) ``Physician'' means a person licensed to practice medicine and
27       surgery in this state. 
28       Sec.  2. K.S.A. 1999 Supp. 65-425 is hereby repealed.
29        Sec.  3. This act shall take effect and be in force from and after its
30       publication in the statute book.