CHAPTER 127
HOUSE BILL No. 2755
An Act concerning the department of health and environment;
disclosure of certain infor-
mation in possession thereof; prohibitions and restrictions on
disclosure; amending
K.S.A. 1999 Supp. 65-506 and 65-525 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 65-506
is hereby amended to read as
follows: 65-506. The secretary of health and environment shall
serve no-
tice of the issuance, suspension or revocation of a license to
conduct a
maternity center or child care facility or the issuance, suspension
or rev-
ocation of a certificate of registration for a family day care home
to the
secretary of social and rehabilitation services, to
the juvenile justice au-
thority, department of education, office of the state fire
marshal, county,
city-county or multi-county department of health, and to any
licensed
child placement agency or licensed child care resource and
referral agency
serving the area where the center or facility is located. A
maternity center
or child care facility that has had a license suspended, revoked
or denied
by the secretary of health and environment or a family day care
home
that has had a certificate of registration suspended, revoked or
denied by
the secretary of health and environment shall notify in writing
the parents
or guardians of the enrollees of the suspension, revocation or
denial. Nei-
ther the secretary of social and rehabilitation services nor any
other per-
son shall place or cause to be placed any maternity patient or
child under
16 years of age in any maternity center or child care facility not
licensed
by the secretary of health and environment or family day care home
not
holding a certificate of registration from the secretary of health
and en-
vironment.
Sec. 2. K.S.A. 1999 Supp. 65-525 is
hereby amended to read as fol-
lows: 65-525. Except as otherwise provided in K.S.A. 1999
Supp. 65-531
and amendments thereto, information received by the
licensing agency
through filed reports, inspections or otherwise authorized
under K.S.A.
65-501 to 65-522, inclusive, and amendments thereto shall
not be dis-
closed publicly in such manner as to identify
individuals (a) Information
in the possession of the department of health and environment
received
pursuant to K.S.A. 65-501 et seq. regarding child
care facilities, maternity
centers or family day care homes shall not be released publicly in
a man-
ner that would identify individuals, unless required by law.
(b) The name, address and telephone
number of a child care facility,
maternity center or family day care home shall not be released
publicly
unless required by law.
(c) Information that cannot be
released by subsection (a) or (b) may
be released to: (1) An agency or organization authorized to
receive notice
under K.S.A. 65-506, and amendments thereto; (2) a criminal
justice
agency; (3) any state or federal agency that provides child care
services
or provides child protective services; or (4) any federal agency
for the
purposes of compliance with federal funding
requirements.
(d) Any state or federal agency
receiving information under subsec-
tion (a) or (b) shall not disseminate the information without
the consent
of the person whose information will be disseminated unless
required by
law. Any person, other than a state or federal agency, receiving
infor-
mation under subsection (a) or (b) shall not disseminate the
information
without the consent of the person whose name will be
disseminated unless
required by law.
(e) In any hearings conducted
under the licensing or regulation pro-
visions of K.S.A. 65-501 to 65-522, inclusive,
et seq. and amendments
thereto, the hearing officer may close the hearing to the public to
prevent
public disclosure of matters relating to
individuals persons restricted by
other laws.
Sec. 3. K.S.A. 1999 Supp. 65-506 and 65-525 are
hereby repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 20, 2000.
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