An Act concerning emergency medical and trauma services;
establishing an advisory com-
mittee on trauma; establishing a trauma registry; providing for
administration by the
secretary of health and environment; amending K.S.A. 1998 Supp.
12-4117, 20-367 and
28-172a and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in sections
1 to 8, inclusive, and amendments
thereto:
(a) ``Advisory committee'' means the
advisory committee on trauma
established under section 2 and amendments thereto.
(b) ``Council'' means one of the regional
trauma councils.
(c) ``Hospital'' means a hospital as
defined by K.S.A. 65-425, and
amendments thereto.
(d) ``Physician'' means a person licensed
by the state board of healing
arts to practice medicine and surgery.
(e) ``Secretary'' means the secretary of
health and environment.
New Sec. 2. (a) There is hereby
established an advisory committee
on trauma. The advisory committee on trauma shall be advisory to
the
secretary of health and environment and shall be within the
division of
health of the department of health and environment as a part
thereof.
(b) The advisory board shall be composed
of 15 members represent-
ing both rural and urban areas of the state appointed as
follows:
(1) Three members shall be persons
licensed in medicine and sur-
gery, two of whom shall be appointed by the governor from a list of
six
who shall be nominated by the Kansas medical society and one of
whom
shall be appointed by the governor from a list of three who shall
be
nominated by the Kansas association of osteopathic medicine;
(2) three members shall be
representatives of hospitals appointed by
the governor from a list of six who shall be nominated by the
Kansas
hospital association;
(3) two members shall be licensed
professional nurses specializing in
trauma care or emergency nursing appointed by the Kansas state
nurses
association;
(4) two members shall be attendants as
defined in K.S.A. 65-6112
and amendments thereto who are on the roster of an ambulance
service
permitted by the board of emergency medical services, one of whom
shall
be appointed by the Kansas emergency medical services association
and
one of whom shall be appointed by the Kansas emergency medical
tech-
nician association;
(5) one member shall be a representative
of the department of health
and environment appointed by the secretary thereof;
(6) one member shall be a representative
of the board of emergency
medical services appointed by the board of emergency medical
services;
(7) one member shall be an administrator
of an ambulance service
appointed by the governor from a list of four, two nominated by
the
Kansas emergency medical technician association and two nominated
by
the Kansas emergency medical services association; and
(8) two legislators, one from the house
of representatives and one
from the senate shall be members. The speaker of the house shall
appoint
one member and the president of the senate shall appoint the other
mem-
ber. The appointees from the legislature shall be from opposing
political
parties.
All members shall be residents of the state of
Kansas. At least one
member appointed under paragraphs (4) and (7) of this subsection
shall
be from a rural area. Appointments to the advisory committee shall
be
made with due consideration that representation of the four
congressional
districts of the state is ensured. Organizations under this section
which
submit lists of names to the governor for appointment by the
governor
from such lists to the advisory committee shall submit names of
people
who reside in both rural and urban areas of the state.
(c) Of the members first appointed to the
advisory committee, five
shall be appointed for terms of one year, five for terms of two
years, and
five for terms of three years. Thereafter, members shall be
appointed for
terms of three years and until their successors are appointed and
quali-
fied. In the case of a vacancy in the membership of the advisory
com-
mittee, the vacancy shall be filled for the unexpired term. All
members
appointed to fill vacancies in the membership of the advisory
committee
and all members appointed to succeed members appointed to the
advi-
sory committee shall be appointed in like manner as that provided
for
the original appointment of the member succeeded.
(d) The advisory committee shall meet at
least four times annually
and at the call of the chairperson or at the request of any eight
members
of the advisory committee. At the first meeting of the advisory
committee
after January 1 each year, the members shall elect a chairperson
and a
vice-chairperson who shall serve a term of one year. The
vice-chairperson
shall exercise all of the powers of the chairperson in the absence
of the
chairperson.
(e) The first person appointed by the
governor to the advisory com-
mittee shall call the first meeting of the advisory committee and
shall
serve as temporary chairperson of the advisory committee until a
chair-
person and vice-chairperson are elected by the advisory committee
at
such meeting.
(f) The advisory committee shall be
advisory to the secretary of health
and environment on all matters relating to the implementation and
ad-
ministration of this act.
(g) Members of the advisory committee
attending meetings of the
advisory committee or attending a subcommittee of the advisory
com-
mittee or other authorized meeting of the advisory committee shall
not
be paid compensation but shall be paid amounts provided in
subsection
(e) of K.S.A. 75-3223 and amendments thereto.
(h) The advisory committee shall make an
interim report along with
any recommendations the advisory committee deems appropriate to
the
committee on public health and welfare of the senate and to the
com-
mittee on health and human services of the house of representatives
on
or before January 10, 2000. The advisory committee shall make a
final
report and recommendations, including recommendations about the
ap-
propriate oversight of the trauma system and whether the advisory
com-
mittee should be continued, to the committee on public health and
wel-
fare of the senate and to the committee on health and human
services of
the house of representatives on or before January 8, 2001.
New Sec. 3. The secretary of health
and environment, after consul-
tation with and consideration of recommendations from the advisory
com-
mittee, shall:
(a) Develop rules and regulations
necessary to carry out the provi-
sions of this act;
(b) develop a statewide trauma system
plan including the establish-
ment of regional trauma councils, using the 1998 Kansas
EMS-Trauma
Systems Plan study as a guide and not more restrictive than state
law.
The secretary shall ensure that each council consist of at least
six mem-
bers. Members of the councils shall consist of persons chosen for
their
expertise in and commitment to emergency medical and trauma
services.
Such members shall be chosen from the region and include
prehospital
personnel, physicians, nurses and hospital personnel involved with
the
emergency medical and trauma services and a representative of a
county
health department. The plan should:
(1) Maximize local and regional control
over decisions relating to
trauma care;
(2) minimize bureaucracy;
(3) adequately protect the
confidentiality of proprietary and personal
health information;
(4) promote cost effectiveness;
(5) encourage participation by groups
affected by the system;
(6) emphasize medical direction and
involvement at all levels of the
system;
(7) rely on accurate data as the basis
for system planning and devel-
opment; and
(8) facilitate education of health care
providers in trauma care;
(c) plan, develop and administer a trauma
registry to collect and an-
alyze data on incidence, severity and causes of trauma and other
pertinent
information which may be used to support the secretary's
decision-mak-
ing and identify needs for improved trauma care;
(d) provide all technical assistance to
the regional councils as neces-
sary to implement the provisions of this act;
(e) collect data elements for the trauma
registry that are consistent
with the recommendations of the American college of surgeons
commit-
tee on trauma and centers for disease control;
(f) develop a phased-in implementation
schedule for each component
of the trauma system, including the trauma registry, which
considers the
additional burden placed on the emergency medical and trauma
provid-
ers;
(g) develop standard reports to be
utilized by the regional trauma
councils and those who report data to the registry in performing
their
functions;
(h) assess the fiscal impact on all
components of the trauma system,
and thereafter recommend other funding sources for the trauma
system
and trauma registry;
(i) prepare and submit an annual budget
in accordance with the pro-
visions of this act. Such budget shall include costs for the
provision of
technical assistance to the regional trauma councils and the cost
of de-
veloping and maintaining the trauma registry and analyzing and
reporting
on the data collected; and
(j) enter into contracts as deemed
necessary to carry out the duties
and functions of the secretary under this act.
New Sec. 4. (a) The secretary of
health and environment shall de-
velop and maintain a statewide trauma registry and consult with the
health
care data governing board in developing the registry. All
designated
trauma centers, prehospital trauma providers, designated trauma
facilities
and acute medical care facilities that provide any service or care
to or for
persons with trauma injury in this state shall collect and report
to the
trauma registry data and information deemed appropriate by the
secre-
tary, after consultation with the health care data governing board,
to mon-
itor patient outcome.
(b) The secretary is hereby authorized to
collect data pertaining to
all trauma care occurring in Kansas. The secretary shall adopt
rules and
regulations which use the most efficient, least intrusive means for
col-
lecting the trauma care data consistent with ensuring the quality,
timeli-
ness, completeness and confidentiality of the trauma registry.
(c) Any health care provider, whether a
person or institution, who
reports trauma information to the registry in good faith and
without mal-
ice, in accordance with the requirements of this section, shall
have im-
munity from any liability, civil or criminal, which might otherwise
be
incurred or imposed in an action resulting from such report.
Notwith-
standing K.S.A. 60-427 and amendments thereto, there shall be no
priv-
ilege preventing the furnishing of such information or reports as
required
by this act by any health care provider. Nothing in this section
shall be
construed to apply to the unauthorized disclosure of confidential
or priv-
ileged information when such disclosure is due to gross negligence
or
willful misconduct.
(d) The information obtained by the
trauma registry, including dis-
cussions and activities using the information generated from the
trauma
registry, shall be confidential and shall not be disclosed or made
public,
upon subpoena or otherwise, except such information may be
disclosed
if:
(1) No person can be identified in the
information to be disclosed
and the disclosure is for statistical purposes;
(2) all persons who are identifiable in
the information to be disclosed
consent in writing to its disclosure;
(3) the disclosure is necessary, and only
to the extent necessary, to
protect the public health, and does not identify providers or
facilities; or
(4) the information to be disclosed is
required in a court proceeding
involving child abuse and the information is disclosed in
camera.
New Sec. 5. To aid the purposes of
section 1 through section 4 and
amendments thereto, one of the documents given to the trauma
patient
or responsible party accompanying the trauma patient shall contain
a dis-
closure statement stating that nonidentifying data regarding the
trauma
injury and trauma care may be reported to a central registry to
facilitate
better prevention and care of trauma injuries.
New Sec. 6. Nothing in the trauma
system act shall limit a patient's
right to choose the physician, hospital, facility, rehabilitation
center, spe-
cialty level burn or pediatric trauma center, or other provider of
health
care services. Nothing in sections 1 to 8, inclusive, and
amendments
thereto shall limit an individual's right to choose care in
accordance with
a method of treatment which relies on spiritual means alone for
healing.
New Sec. 7. The statutes, rules and
regulations and procedures shall
be consistent with the federal consolidated omnibus budget
reconciliation
act of 1989, 42 U.S.C. § 1395cc (COBRA) and the emergency
medical
treatment and active labor act, 42 U.S.C. § 1395dd
(EMTALA).
New Sec. 8. (a) There is hereby
established in the state treasury the
trauma fund which shall be administered by the secretary of health
and
environment. All moneys received from fees collected under K.S.A.
12-
4214 and 28-172a, and amendments thereto, for the purpose of
financing
the activities and expenses of the secretary in administration of
sections
1 to 8, inclusive, and amendments thereto, regional trauma
councils, and
the trauma registry, shall be deposited in the state treasury and
credited
to the trauma fund. All expenditures from the trauma 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
sec-
retary or by a person or persons designated by such secretary.
(b) On or before the 10th of each month,
the director of accounts
and reports shall transfer from the state general fund to the
trauma fund
established in subsection (a) interest earnings based on:
(1) The average daily balance of money in
the trauma fund for the
preceding month; and
(2) the net earnings rate of the pooled
money investment portfolio
for the preceding month.
Sec. 9. K.S.A. 1998 Supp. 12-4117
is hereby amended to read as
follows: 12-4117. (a) On and after July 1, 1996, in each case filed
in
municipal court charging a criminal or public offense or charging
an of-
fense defined to be a moving violation by rules and regulations
adopted
pursuant to K.S.A. 8-249 and amendments thereto, where there is a
find-
ing of guilty or a plea of guilty, a plea of no contest, forfeiture
of bond or
a diversion, a sum in an amount of $6$7
shall be assessed and such
assessment shall be credited as follows:
(1) During the period commencing July 1,
1996, and ending June 30,
1997, $1 to the local law enforcement training reimbursement fund
es-
tablished pursuant to K.S.A. 74-5620 and amendments thereto, $4 to
the
law enforcement training center fund established pursuant to K.S.A.
74-
5619 and amendments thereto, $.50 to the protection from abuse
fund
established pursuant to K.S.A. 74-7325 and amendments thereto and
$.50
to the crime victims assistance fund established pursuant to K.S.A.
74-
7334 and amendments thereto; and
(2) on and after July 1, 1997, $1 to the
local law enforcement training
reimbursement fund established pursuant to K.S.A. 74-5620 and
amend-
ments thereto, $2 to the law enforcement training center fund
established
pursuant to K.S.A. 74-5619 and amendments thereto, $2 to the
juvenile
detention facilities fund established pursuant to K.S.A. 79-4803
and
amendments thereto to be expended for operational costs of
facilities for
the detention of juveniles, $.50 to the protection from abuse fund
estab-
lished pursuant to K.S.A. 74-7325 and amendments thereto and $.50
to
the crime victims assistance fund established pursuant to K.S.A.
74-7334
and amendments thereto.; and
(3) on and after July 1, 1999, $1 to
the trauma fund established pur- suant to section 8, and amendments thereto.
(b) The judge or clerk of the municipal
court shall remit at least
monthly the appropriate assessments received pursuant to this
section to
the state treasurer for deposit in the state treasury to the credit
of the
local law enforcement training reimbursement fund, the law
enforcement
training center fund, the juvenile detention facilities fund
and, the crime
victims assistance fund and the trauma fund as provided in
this section.
(c) For the purpose of determining the
amount to be assessed ac-
cording to this section, if more than one complaint is filed in the
municipal
court against one individual arising out of the same incident, all
such
complaints shall be considered as one case.
Sec. 10. K.S.A. 1998 Supp. 20-367
is hereby amended to read as
follows: 20-367. Of the remittance of the balance of docket fees
received
monthly by the state treasurer from clerks of the district court
pursuant
to subsection (f) of K.S.A. 20-362, and amendments thereto, the
state
treasurer shall deposit and credit to the access to justice fund, a
sum
equal to 6.94%6.78% of the remittances of
docket fees; to the juvenile
detention facilities fund, a sum equal to 4.45%4.35% of the remittances
of docket fees; to the judicial branch education fund, the state
treasurer
shall deposit and credit a sum equal to 3.42%3.34% of the remittances
of docket fees; to the crime victims assistance fund, the state
treasurer
shall deposit and credit a sum equal to .92%.9% of the remittances of
the docket fees; to the protection from abuse fund, the state
treasurer
shall deposit and credit a sum equal to 2.75%2.68% of the remittances
of the docket fees; to the judiciary technology fund, the state
treasurer
shall deposit and credit a sum equal to 6.93%6.77% of the remittances
of docket fees; to the dispute resolution fund, the state treasurer
shall
deposit and credit a sum equal to .57%.56%
of the remittances of docket
fees; to the Kansas endowment for youth trust fund, the state
treasurer
shall deposit and credit a sum equal to 2.03%1.98% of the remittances
of docket fees; and to the permanent families account in the family
and
children investment fund, the state treasurer shall deposit and
credit a
sum equal to .33%.32% of the remittances
of docket fees;andto
the trauma fund, a sum equal to 2.34% of the remittance of docket
fees. The
balance remaining of the remittances of docket fees shall be
deposited
and credited to the state general fund.
Sec. 11. K.S.A. 1998 Supp. 28-172a
is hereby amended to read as
follows: 28-172a. (a) Except as otherwise provided in this section,
when-
ever the prosecuting witness or defendant is adjudged to pay the
costs in
a criminal proceeding in any county, a docket fee shall be taxed as
follows:
On and after July 1, 1998:
Murder or manslaughter
$164.50
Other felony
134.50
Misdemeanor
102.50
Forfeited recognizance
62.50
Appeals from other courts
62.50
(b) (1) Except as provided in
paragraph (2), in actions involving the
violation of any of the laws of this state regulating traffic on
highways
(including those listed in subsection (c) of K.S.A. 8-2118, and
amend-
ments thereto), a cigarette or tobacco infraction, any act declared
a crime
pursuant to the statutes contained in chapter 32 of Kansas Statutes
An-
notated and amendments thereto or any act declared a crime
pursuant
to the statutes contained in article 8 of chapter 82a of the Kansas
Statutes
Annotated, and amendments thereto, whenever the prosecuting
witness
or defendant is adjudged to pay the costs in the action, a docket
fee of
$45 shall be charged. When an action is disposed of under
subsections
(a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393,
and
amendments thereto, whether by mail or in person, the docket fee to
be
paid as court costs shall be $45.
(2) In actions involving the violation
of a moving traffic violation un- der K.S.A. 8-2118, and amendments thereto, as defined by rules
and reg- ulations adopted under K.S.A. 8-249, and amendments thereto,
whenever the prosecuting witness or defendant is adjudged to pay the
costs in the action, a docket fee of $46 shall be charged. When an action is
disposed of under subsection (a) and (b) of K.S.A. 8-2118, and amendments
thereto, whether by mail or in person, the docket fee to be paid as court
costs shall be $46.
(c) If a conviction is on more than one
count, the docket fee shall be
the highest one applicable to any one of the counts. The
prosecuting
witness or defendant, if assessed the costs, shall pay only one
fee. Multiple
defendants shall each pay one fee.
(d) Statutory charges for law library
funds, the law enforcement train-
ing center fund, the prosecuting attorneys' training fund, the
juvenile
detention facilities fund, the judicial branch education fund, the
emer-
gency medical services operating fund and the judiciary technology
fund
shall be paid from the docket fee; the family violence and child
abuse and
neglect assistance and prevention fund fee shall be paid from
criminal
proceedings docket fees. All other fees and expenses to be assessed
as
additional court costs shall be approved by the court, unless
specifically
fixed by statute. Additional fees shall include, but are not
limited to, fees
for Kansas bureau of investigation forensic or laboratory analyses,
fees for
detention facility processing pursuant to K.S.A. 1998 Supp.
12-16,119,
and amendments thereto, fees for the sexual assault evidence
collection
kit, fees for conducting an examination of a sexual assault victim,
fees for
service of process outside the state, witness fees, fees for
transcripts and
depositions, costs from other courts, doctors' fees and examination
and
evaluation fees. No sheriff in this state shall charge any district
court of
this state a fee or mileage for serving any paper or process.
(e) In each case charging a violation of
the laws relating to parking
of motor vehicles on the statehouse grounds or other state-owned
or
operated property in Shawnee county, Kansas, as specified in K.S.A.
75-
4510a, and amendments thereto, or as specified in K.S.A. 75-4508,
and
amendments thereto, the clerk shall tax a fee of $2 which shall
constitute
the entire costs in the case, except that witness fees, mileage and
expenses
incurred in serving a warrant shall be in addition to the fee.
Appearance
bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and
amend-
ments thereto, shall be $3, unless a warrant is issued. The judge
may
order the bond forfeited upon the defendant's failure to appear,
and $2
of any bond so forfeited shall be regarded as court costs.
Sec. 12. K.S.A. 1998 Supp. 12-4117, 20-367 and
28-172a are hereby
repealed.
Sec. 13. This act shall take effect and be in
force from and after its
publication in the statute book.