CHAPTER 162 Substitute for SENATE BILL No. 599 An Act providing for licensure of physician assistants; providing for the regulation of the
practice thereof; amending K.S.A. 40-2,111 and 75-6102 and K.S.A. 1999 Supp. 38-135,
40-3401, 60-4402, 65-118, 65-1626, 65-2836, 65-28,127, 65-4101, 65-4915, 65-6112, 65-
6135 and 65-6701 and repealing the existing sections; also repealing K.S.A. 65-2896a,
65-2896c, 65-2896d, 65-2896f, 65-2896g, 65-2896h, 65-2897a and 65-2897b and K.S.A.
1999 Supp. 65-2896, 65-2896b, 65-2896e and 65-4101a.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. Sections 1 to 12, inclusive, and amendments thereto,
of this act shall be known and may be cited as the physician assistant
licensure act.

      New Sec.  2. (a) The following words and phrases when used in the
physician assistant licensure act shall have the meanings respectively as-
cribed to them in this section:

      (1) ``Board'' means the state board of healing arts.

      (2) ``Direction and supervision'' means the guidance, direction and
coordination of activities of a physician assistant by such physician assis-
tant's responsible or designated physician, whether written or verbal,
whether immediate or by prior arrangement, in accordance with stan-
dards established by the board by rules and regulations, which standards
shall be designed to ensure adequate direction and supervision by the
responsible or designated physician of the physician assistant. The term
``direction and supervision'' shall not be construed to mean that the im-
mediate or physical presence of the responsible or designated physician
is required during the performance of the physician assistant.

      (3) ``Physician'' means any person licensed by the state board of heal-
ing arts to practice medicine and surgery.

      (4) ``Physician assistant'' means a person who is licensed in accord-
ance with the provisions of section 4 and amendments thereto and who
provides patient services under the direction and supervision of a re-
sponsible physician.

      (5) ``Responsible physician'' means a physician who has accepted con-
tinuous and ultimate responsibility for the medical services rendered and
actions of the physician assistant while performing under the direction
and supervision of the responsible physician.

      (6) ``Designated physician'' means a physician designated by the re-
sponsible physician to ensure direction and supervision of the physician
assistant.

      (7) ``Licensee'' for purposes of the physician assistant licensure act,
means all persons issued a license or temporary license pursuant to the
physician assistant licensure act.

      (8) ``License'' for purposes of the physician assistant licensure act,
means any license or temporary license granted by the physician assistant
licensure act.

      New Sec.  3. (a) The state board of healing arts shall maintain a reg-
istry of the names of physician assistants who may engage in active prac-
tice. No person's name shall be entered on the registry of physician as-
sistants unless such person has:

      (1) Presented to the state board of healing arts proof of current li-
censure;

      (2) presented to the board a request signed by the applicant's pro-
posed responsible physician on a form provided by the board which shall
contain such information as required by rules and regulations adopted by
the board.

      (b) A person's name may be removed from the registry of physician
assistants who may engage in private practice if:

      (1) The person whose name is entered on the registry as a licensed
physician assistant requests or consents to the removal thereof;

      (2) the state board of healing arts determines that the person whose
name is entered on the registry as a licensed physician assistant has not
been employed as a physician assistant or as a teacher or instructor of
persons being educated and trained to become a physician assistant in a
course of education and training approved by the state board of healing
arts under this act and amendments thereto at sometime during the five
years immediately preceding the date of such determination.

      (3) the board determines, after notice and opportunity to be heard,
in accordance with the provisions of the Kansas administrative procedure
act, that a physician assistant has violated any provision of this act and
amendments thereto, or any rules and regulations adopted pursuant
thereto; or

      (4) the board determines, after notice and opportunity to be heard,
in accordance with the provisions of the Kansas administrative procedure
act, that the request by the proposed responsible physician pursuant to
this act and amendments thereto should not be approved.

      (c) The state board of healing arts may remove a person's name from
the registry as a licensed physician assistant or may refuse to place a
person's name on the registry as a licensed physician assistant if the board
determines, after notice and opportunity for hearing in accordance with
the provisions of the Kansas administrative procedure act, that a physician
assistant has exceeded or has acted outside the scope of authority given
the physician assistant by the responsible physician or by this act.

      (d) All licenses, except temporary licenses, shall expire on the date of
expiration established by rules and regulations of the state board of heal-
ing arts and may be renewed as required by the board. The request for
renewal shall be on a form provided by the state board of healing arts
and shall be accompanied by the renewal fee established pursuant to this
section, which shall be paid not later than the expiration date of the li-
cense.

      (e) At least 30 days before the expiration of the license of a physician
assistant, except a temporary license, the state board of healing arts shall
notify the licensee of the expiration by mail addressed to the licensee's
last place of residence as noted upon the office records of the board. If
the licensee fails to pay the renewal fee by the date of expiration of the
license, the licensee shall be given a second notice that the licensee's
license has expired and the license may be renewed only if the renewal
fee and the late renewal fee are received by the state board of healing
arts within the 30-day period following the date of expiration and that, if
both fees are not received within the 30-day period, the license shall be
considered to have lapsed for failure to renew and shall be reissued only
after the physician assistant has been reinstated under subsection (f).

      (f) Any licensee who allows the licensee's license to lapse by failing
to renew as herein provided may be reinstated upon recommendation of
the state board of healing arts and upon payment of the renewal fee and
the reinstatement fee and upon submitting evidence of satisfactory com-
pletion of any applicable continuing education requirements established
by the board. The board shall adopt rules and regulations establishing
appropriate continuing education requirements for reinstatement of per-
sons whose licenses have lapsed for failure to renew.

      (g) The following fees shall be fixed by rules and regulations adopted
by the state board of healing arts and shall be collected by the board:

      (1) For licensure as a physician assistant, the sum of not more than
$200;

      (2) for temporary licensure as a physician assistant, the sum of not
more than $30;

      (3) for the renewal of a license as a physician assistant, the sum of
not more than $150;

      (4) for the late renewal of a license as a physician assistant, the sum
of not more than $250;

      (5) for reinstatement of a physician assistant whose license has been
canceled, the sum of not more than $250;

      (6) for a certified statement from the board that a physician assistant
is licensed in this state, the sum of not more than $30; and

      (7) for a copy of the licensure certificate of a physician assistant, the
sum of not more than $25.

      (h) The state board of healing arts shall remit all moneys received by
or for the board under the provisions of this act to the state treasurer and
such money shall be deposited in the state treasury, credited to the state
general fund and the healing arts fee fund and expended all in accordance
with K.S.A. 65-2855 and amendments thereto.

      (i) The board may promulgate all necessary rules and regulations for
carrying out the provisions of this act.

      New Sec.  4. (a) No person shall be licensed as a physician assistant
by the state board of healing arts unless such person has:

      (1) Presented to the state board of healing arts proof that the appli-
cant has successfully completed a course of education and training ap-
proved by the state board of healing arts for the education and training
of a physician assistant or presented to the state board of healing arts
proof that the applicant has acquired experience while serving in the
armed forces of the United States which experience is equivalent to the
minimum experience requirements established by the state board of heal-
ing arts;

      (2) passed an examination approved by the state board of healing arts
covering subjects incident to the education and training of a physician
assistant; and

      (3) submitted to the state board of healing arts any other information
the state board of healing arts deems necessary to evaluate the applicant's
qualifications.

      (b) The board may refuse to license a person as a physician assistant
upon any of the grounds for which the board may revoke such license.

      (c) The state board of healing arts shall require every physician assis-
tant to submit with the renewal application evidence of satisfactory com-
pletion of a program of continuing education required by the state board
of healing arts. The state board of healing arts by duly adopted rules and
regulations shall establish the requirements for such program of contin-
uing education as soon as possible after the effective date of this act. In
establishing such requirements the state board of healing arts shall con-
sider any existing programs of continuing education currently being of-
fered to physician assistants.

      (d) A person registered to practice as a physician assistant immedi-
ately prior to the effective date of this act shall be deemed to be licensed
to practice as a physician assistant under this act, and such person shall
not be required to file an original application for licensure under this act.
Any application for registration filed which has not been granted prior to
February 1, 2001, shall be processed as an application for licensure under
this act.

      New Sec.  5. A licensee's license may be revoked, suspended or lim-
ited, or the licensee may be publicly or privately censured, or an appli-
cation for a license or for reinstatement of a license may be denied upon
a finding of the existence of any of the following grounds:

      (a) The licensee has committed an act of unprofessional conduct as
defined by rules and regulations adopted by the board;

      (b) the licensee has obtained a license by means of fraud, misrepre-
sentations or concealment of material facts;

      (c) the licensee has committed an act of professional incompetency
as defined by rules and regulations adopted by the board;

      (d) the licensee has been convicted of a felony;

      (e) the licensee has violated any provision of this act and amendments
thereto;

      (f) the licensee has violated any lawful order or rule and regulation
of the board;

      (g) the licensee has exceeded or has acted outside the scope of au-
thority given the physician assistant by the responsible physician or by
this act;

      (h) the licensee has assisted suicide in violation of K.S.A. 21-3406 and
amendments thereto as established by any of the following:

      (1) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406 and amendments thereto.

      (2) A copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 1999 Supp. 60-4404 and
amendments thereto.

      (3) A copy of the record of a judgment assessing damages under
K.S.A. 1999 Supp. 60-4405 and amendments thereto.

      New Sec.  6. (a) It shall be unlawful for any person who is not licensed
under this act or whose license has been revoked or suspended to engage
in the practice as a physician assistant as defined by this act.

      (b) No person shall use any title, abbreviation, letters, figures, sign,
card or device to indicate that any person is a licensed physician assistant,
nor shall any person represent oneself to be a licensed physician assistant
unless such person has been duly licensed as a physician assistant in ac-
cordance with the provisions of this act.

      (c) The provisions of this act shall not be construed to include the
following persons:

      (1) Persons rendering gratuitous services in the case of an emergency.

      (2) Persons gratuitously administering ordinary household remedies.

      (3) Individuals practicing religious beliefs which provide for reliance
on spiritual means alone for healing.

      (4) Students while performing professional services in an approved
physician assistant education and training program who after completing
one year's study treat diseases under the supervision of an approved in-
structor.

      (5) Students upon the completion of an approved physician assistant
education and training program and who, as a part of their academic
requirements for a degree, serve a preceptorship not to exceed 90 days
under the supervision of a licensed physician.

      (6) Persons whose professional services are performed under the di-
rect and personal supervision or by order of a practitioner who is licensed
under the healing arts act.

      (7) Other health care providers licensed, registered, certified or oth-
erwise credentialed by agencies of the state of Kansas.

      (8) Physician assistants in the United States army, navy, air force,
public health service, coast guard, other military service and under other
federal employment when acting in the line of duty in this state.

      (d) Any person violating the provisions of this section shall be guilty
of a class B misdemeanor.

      New Sec.  7. (a) The state board of healing arts shall provide for the
temporary licensure of any physician assistant who has made proper ap-
plication for licensure, has the required qualifications for licensure, except
for examination, and has paid the prescribed license fee. Such temporary
license shall authorize the person so licensed to provide patient services
within the limits of the temporary license.

      (b) A temporary license is valid (1) for one year from the date of
issuance or (2) until the state board of healing arts makes a final deter-
mination on the applicant's request for licensure. The state board of heal-
ing arts may extend a temporary license, upon a majority vote of the
members of the board, for a period not to exceed one year.

      New Sec.  8. (a) The practice of a physician assistant shall include
medical services within the education, training and experience of the phy-
sician assistant that are delegated by the responsible physician. Physician
assistants practice in a dependent role with a responsible physician, and
may perform those duties and responsibilities through delegated authority
or written protocol. Medical services rendered by physician assistants may
be performed in any setting authorized by the responsible physician, in-
cluding but not limited to, clinics, hospitals, ambulatory surgical centers,
patient homes, nursing homes and other medical institutions.

      (b) A person licensed as a physician assistant may perform, only under
the direction and supervision of a physician, acts which constitute the
practice of medicine and surgery to the extent and in the manner au-
thorized by the physician responsible for the physician assistant and only
to the extent such acts are consistent with rules and regulations adopted
by the board which relate to acts performed by a physician assistant under
the responsible physician's direction and supervision. A physician assistant
may prescribe drugs pursuant to a written protocol as authorized by the
responsible physician.

      (c) Before a physician assistant shall perform under the direction and
supervision of a physician, such physician assistant shall be identified to
the patient and others involved in providing the patient services as a
physician assistant to the responsible physician. Physician assistants li-
censed under the provisions of this act shall keep their license available
for inspection at their primary place of business. A physician assistant may
not perform any act or procedure performed in the practice of optometry
except as provided in K.S.A. 65-1508 and 65-2887 and amendments
thereto.

      (d) The board shall adopt rules and regulations governing the pre-
scribing of drugs by physician assistants and the responsibilities of the
responsible physician with respect thereto. Such rules and regulations
shall establish such conditions and limitations as the board determines to
be necessary to protect the public health and safety. In developing rules
and regulations relating to the prescribing of drugs by physician assistants,
the board shall take into consideration the amount of training and capa-
bilities of physician assistants, the different practice settings in which phy-
sician assistants and responsible physicians practice, the degree of direc-
tion and supervision to be provided by a responsible physician and the
needs of the geographic area of the state in which the physician's physi-
cian assistant and the responsible physician practice. In all cases in which
a physician assistant is authorized to prescribe drugs by a responsible
physician, a written protocol between the responsible physician and the
physician assistant containing the essential terms of such authorization
shall be in effect. Any written prescription order shall include the name,
address and telephone number of the responsible physician. In no case
shall the scope of the authority of the physician assistant to prescribe
drugs exceed the normal and customary practice of the responsible phy-
sician in the prescribing of drugs.

      (e) The physician assistant may not dispense drugs, but may request,
receive and sign for professional samples and may distribute professional
samples to patients pursuant to a written protocol as authorized by the
responsible physician. In order to prescribe controlled substances, the
physician assistant shall register with the federal drug enforcement ad-
ministration.

      (f) As used in this section, ``drug'' means those articles and substances
defined as drugs in K.S.A. 65-1626 and 65-4101 and amendments thereto.

      New Sec.  9. (a) If a responsible physician temporarily leaves such
physician's customary location of practice, the responsible physician shall,
by prior arrangement, name a designated physician who shall provide
direction and supervision to the physician assistant of such responsible
physician.

      (b) A physician assistant shall not perform professional services unless
the name, address and signature of each responsible physician and the
form required under subsection (a)(2) of section 3 and amendments
thereto have been provided to the board. A responsible physician shall
notify the board when supervision and direction of the physician assistant
has terminated. The board shall provide forms for identifying each des-
ignated physician and for giving notice that direction and supervision has
terminated. These forms may direct that additional information be pro-
vided, including a copy of any protocols, as required by rules and regu-
lations adopted by the board.

      New Sec.  10. No responsible physician shall have under such phy-
sician's direction and supervision more than two physician assistants. The
limitation on the number of physician assistants in this section shall not
apply to services performed in a medical care facility, as defined in K.S.A.
65-425 and amendments thereto.

      New Sec.  11. (a) There is established a physician assistant council to
advise the board in carrying out the provisions of sections 1 to 10, inclu-
sive, and amendments thereto. The council shall consist of five members,
all citizens and residents of the state of Kansas appointed as follows: One
member shall be a physician appointed by the state board of healing arts
who is a responsible physician for a physician assistant; one member shall
be the president of the state board of healing arts or a person designated
by the president; and three members shall be licensed physician assistants
appointed by the governor. The governor, insofar as possible, shall ap-
point persons from different geographical areas and persons who repre-
sent various types of practice settings. If a vacancy occurs on the council,
the appointing authority of the position which has become vacant shall
appoint a person of like qualifications to fill the vacant position for the
unexpired term, if any. The Kansas academy of physician assistants shall
recommend the names of licensed physician assistants to the governor in
a number equal to at least twice the positions or vacancies to be filled,
and the governor may appoint members to fill the positions or vacancies
from the submitted list. Members of the council appointed by the gov-
ernor on and after the effective date of this act shall be appointed for
terms of three years and until their successors are appointed and qualified
except that of the members first appointed by the governor on or after
the effective date of this act one shall be appointed for a term of one
year, one shall be appointed for a term of two years and one shall be
appointed for a term of three years, as designated by the governor. The
member appointed by the state board of healing arts shall serve at the
pleasure of the state board of healing arts. A member designated by the
president of the state board of healing arts shall serve at the pleasure of
the president.

      (b) Members of the council attending meetings of the council, or
attending a subcommittee meeting thereof authorized by the council,
shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
amendments thereto from the healing arts fee fund.

      New Sec.  12. (a) All administrative proceedings to revoke, suspend,
limit or deny a license, or to censure a licensee, shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act.

      (b) When it appears to the board that any person is violating any of
the provisions of this act, the board may bring an action in the name of
the state of Kansas in a court of competent jurisdiction for an injunction
against such violation without regard to whether proceedings have been
or may be instituted before the board or whether criminal proceedings
have been or may be instituted.

      Sec.  13. K.S.A. 1999 Supp. 38-135 is hereby amended to read as
follows: 38-135. As used in this act:

      (a) ``Health care provider'' means a person licensed to practice med-
icine and surgery by the state board of healing arts, a person who holds
a temporary permit to practice medicine and surgery issued by the state
board of healing arts, a person engaged in a postgraduate training pro-
gram in medicine and surgery approved by the state board of healing arts,
a medical care facility licensed by the department of health and environ-
ment, a health maintenance organization issued a certificate of authority
by the commissioner of insurance, a licensed professional nurse, a li-
censed practical nurse, a registered physician's licensed physician assis-
tant, a professional corporation organized pursuant to the professional
corporation law of Kansas by persons who are authorized by such law to
form such a corporation and who are health care providers as defined by
this subsection, a Kansas limited liability company organized for the pur-
pose of rendering professional services by its members who are health
care providers as defined by this subsection and who are legally author-
ized to render the professional services for which the limited liability
company is organized, a partnership of persons who are health care pro-
viders as defined by this subsection or a Kansas not-for-profit corporation
organized for the purpose of rendering professional services by persons
who are health care providers as defined by this subsection.

      (b) ``Parent'' means:

      (1) A minor's parent by birth or adoption;

      (2) a minor's legal guardian; or

      (3) any person who under court order is authorized to give consent
for a minor.

      Sec.  14. K.S.A. 1999 Supp. 40-3401 is hereby amended to read as
follows: 40-3401. As used in this act the following terms shall have the
meanings respectively ascribed to them herein.

      (a) ``Applicant'' means any health care provider.

      (b) ``Basic coverage'' means a policy of professional liability insurance
required to be maintained by each health care provider pursuant to the
provisions of subsection (a) or (b) of K.S.A. 40-3402 and amendments
thereto.

      (c) ``Commissioner'' means the commissioner of insurance.

      (d) ``Fiscal year'' means the year commencing on the effective date
of this act and each year, commencing on the first day of that month,
thereafter.

      (e) ``Fund'' means the health care stabilization fund established pur-
suant to subsection (a) of K.S.A. 40-3403 and amendments thereto.

      (f) ``Health care provider'' means a person licensed to practice any
branch of the healing arts by the state board of healing arts with the
exception of physician assistants, a person who holds a temporary permit
to practice any branch of the healing arts issued by the state board of
healing arts, a person engaged in a postgraduate training program ap-
proved by the state board of healing arts, a medical care facility licensed
by the department of health and environment, a health maintenance or-
ganization issued a certificate of authority by the commissioner of insur-
ance, a podiatrist licensed by the state board of healing arts, an optom-
etrist licensed by the board of examiners in optometry, a pharmacist
licensed by the state board of pharmacy, a licensed professional nurse
who is authorized to practice as a registered nurse anesthetist, a licensed
professional nurse who has been granted a temporary authorization to
practice nurse anesthesia under K.S.A. 65-1153 and amendments thereto,
a professional corporation organized pursuant to the professional corpo-
ration law of Kansas by persons who are authorized by such law to form
such a corporation and who are health care providers as defined by this
subsection, a Kansas limited liability company organized for the purpose
of rendering professional services by its members who are health care
providers as defined by this subsection and who are legally authorized to
render the professional services for which the limited liability company
is organized, a partnership of persons who are health care providers under
this subsection, a Kansas not-for-profit corporation organized for the pur-
pose of rendering professional services by persons who are health care
providers as defined by this subsection, a dentist certified by the state
board of healing arts to administer anesthetics under K.S.A. 65-2899 and
amendments thereto, a physical therapist registered by the state board of
healing arts, a psychiatric hospital licensed under K.S.A. 75-3307b and
amendments thereto, or a mental health center or mental health clinic
licensed by the secretary of social and rehabilitation services, except that
health care provider does not include (1) any state institution for the
mentally retarded, (2) any state psychiatric hospital, (3) any person hold-
ing an exempt license issued by the state board of healing arts or (4) any
person holding a visiting clinical professor license from the state board of
healing arts.

      (g) ``Inactive health care provider'' means a person or other entity
who purchased basic coverage or qualified as a self-insurer on or subse-
quent to the effective date of this act but who, at the time a claim is made
for personal injury or death arising out of the rendering of or the failure
to render professional services by such health care provider, does not
have basic coverage or self-insurance in effect solely because such person
is no longer engaged in rendering professional service as a health care
provider.

      (h) ``Insurer'' means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write bod-
ily injury or property damage liability insurance in this state, including
workers compensation and automobile liability insurance, pursuant to the
provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of
Kansas Statutes Annotated.

      (i) ``Plan'' means the operating and administrative rules and proce-
dures developed by insurers and rating organizations or the commissioner
to make professional liability insurance available to health care providers.

      (j) ``Professional liability insurance'' means insurance providing cov-
erage for legal liability arising out of the performance of professional
services rendered or which should have been rendered by a health care
provider.

      (k) ``Rating organization'' means a corporation, an unincorporated as-
sociation, a partnership or an individual licensed pursuant to K.S.A. 40-
930 or 40-1114, or both, and amendments thereto, to make rates for
professional liability insurance.

      (l) ``Self-insurer'' means a health care provider who qualifies as a self-
insurer pursuant to K.S.A. 40-3414 and amendments thereto.

      (m) ``Medical care facility'' means the same when used in the health
care provider insurance availability act as the meaning ascribed to that
term in K.S.A. 65-425 and amendments thereto, except that as used in
the health care provider insurance availability act such term, as it relates
to insurance coverage under the health care provider insurance availa-
bility act, also includes any director, trustee, officer or administrator of a
medical care facility.

      (n) ``Mental health center'' means a mental health center licensed by
the secretary of social and rehabilitation services under K.S.A. 75-3307b
and amendments thereto, except that as used in the health care provider
insurance availability act such term, as it relates to insurance coverage
under the health care provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health center.

      (o) ``Mental health clinic'' means a mental health clinic licensed by
the secretary of social and rehabilitation services under K.S.A. 75-3307b
and amendments thereto, except that as used in the health care provider
insurance availability act such term, as it relates to insurance coverage
under the health care provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health clinic.

      (p) ``State institution for the mentally retarded'' means Winfield state
hospital and training center, Parsons state hospital and training center
and the Kansas neurological institute.

      (q) ``State psychiatric hospital'' means Larned state hospital, Osawa-
tomie state hospital, Rainbow mental health facility and Topeka state
hospital.

      (r) ``Person engaged in residency training'' means:

      (1) A person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by and is studying at
the university of Kansas medical center only when such person is engaged
in medical activities which do not include extracurricular, extra-institu-
tional medical service for which such person receives extra compensation
and which have not been approved by the dean of the school of medicine
and the executive vice-chancellor of the university of Kansas medical cen-
ter. Persons engaged in residency training shall be considered resident
health care providers for purposes of K.S.A. 40-3401 et seq., and amend-
ments thereto; and

      (2) a person engaged in a postgraduate training program approved by
the state board of healing arts who is employed by a nonprofit corporation
organized to administer the graduate medical education programs of com-
munity hospitals or medical care facilities affiliated with the university of
Kansas school of medicine or who is employed by an affiliate of the uni-
versity of Kansas school of medicine as defined in K.S.A. 76-367 and
amendments thereto only when such person is engaged in medical activ-
ities which do not include extracurricular, extra-institutional medical serv-
ice for which such person receives extra compensation and which have
not been approved by the chief operating officer of the nonprofit cor-
poration or the chief operating officer of the affiliate and the executive
vice-chancellor of the university of Kansas medical center.

      (s) ``Full-time physician faculty employed by the university of Kansas
medical center'' means a person licensed to practice medicine and surgery
who holds a full-time appointment at the university of Kansas medical
center when such person is providing health care.

      (t) ``Sexual act'' or ``sexual activity'' means that sexual conduct which
constitutes a criminal or tortious act under the laws of the state of Kansas.

      Sec.  15. K.S.A. 40-2,111 is hereby amended to read as follows: 40-
2,111. As used in K.S.A. 40-2,111 through 40-2,113, and amendments
thereto: (a) ``Adverse underwriting decision'' means: Any of the following
actions with respect to insurance transactions involving insurance cover-
age which is individually underwritten:

      (1) A declination of insurance coverage;

      (2) a termination of insurance coverage;

      (3) an offer to insure at higher than standard rates, with respect to
life, health or disability insurance coverage; or

      (4) the charging of a higher rate on the basis of information which
differs from that which the applicant or policyholder furnished, with re-
spect to property or casualty insurance coverage.

      (b) ``Declination of insurance coverage'' means a denial, in whole or
in part, by an insurance company or agent of requested insurance cov-
erage.

      (c) ``Health care institution'' means any medical care facility, adult
care home, drug abuse and alcoholic treatment facility, home-health
agency certified for federal reimbursement, mental health center or men-
tal health clinic licensed by the secretary of social and rehabilitation serv-
ices, kidney disease treatment center, county, city-county or multicounty
health departments and health-maintenance organization.

      (d) ``Health care provider'' means any person licensed to practice any
branch of the healing arts, licensed dentist, licensed professional nurse,
licensed practical nurse, advanced registered nurse practitioner, licensed
optometrist, registered physical therapist, licensed social worker, regis-
tered physicians' licensed physician assistant, licensed podiatrist or li-
censed psychologist.

      (e) ``Institutional source'' means any natural person, corporation, as-
sociation, partnership or governmental or other legal entity that provides
information about an individual to an agent or insurance company, other
than:

      (1) An agent;

      (2) the individual who is the subject of the information; or

      (3) a natural person acting in a personal capacity rather than a busi-
ness or professional capacity.

      (f) ``Insurance transaction'' means any transaction involving insur-
ance, but not including group insurance coverage, primarily for personal,
family or household needs rather than business or professional needs.

      (g) ``Medical-record information'' means personal information which:

      (1) Relates to an individual's physical or mental condition, medical
history or medical treatment; and

      (2) is obtained from a health care provider or health care institution,
from the individual, or from the individual's spouse, parent or legal guard-
ian.

      (h) ``Termination of insurance coverage'' or ``termination of an insur-
ance policy'' means either a cancellation, nonrenewal or lapse of an in-
surance policy, in whole or in part, for any reason other than:

      (1) The failure to pay a premium as required by the policy; or

      (2) at the request or direction of the insured.

      Sec.  16. K.S.A. 1999 Supp. 60-4402 is hereby amended to read as
follows: 60-4402. As used in K.S.A. 1999 Supp. 21-3406, 60-4401 through
60-4407, 65-1120, 65-1436, 65-1627i, 65-2006, and 65-2836 and 65-
2896b of this act:

      (a) ``Licensed health care professional'' means a person licensed to
practice medicine and surgery, licensed podiatrist, registered licensed
physician assistant, licensed nurse, dentist or licensed pharmacist.

      (b) ``Suicide'' means the act or instance of taking one's own life vol-
untarily and intentionally.

      Sec.  17. K.S.A. 1999 Supp. 65-118 is hereby amended to read as
follows: 65-118. (a) Whenever any person licensed to practice the healing
arts or engaged in a postgraduate training program approved by the state
board of healing arts, licensed dentist, physician's assistant whose name
has been entered on the register of physicians' assistants by the state
board of healing arts, licensed professional nurse, licensed practical nurse,
administrator of a hospital, licensed adult care home administrator, li-
censed professional nurse, licensed practical nurse administrator of a hos-
pital, licensed adult care home-administrator, licensed physician assistant,
licensed social worker, teacher or school administrator knows or has in-
formation indicating that a person is suffering from or has died from a
reportable infectious or contagious disease as defined in rules and regu-
lations, such knowledge or information shall be reported immediately to
the county or joint board of health or the local health officer, together
with the name and address of the person who has or is suspected of having
the infectious or contagious disease, or the name and former address of
the deceased individual who had or was suspected of having such a dis-
ease. In the case of a licensed hospital or adult care home, the adminis-
trator may designate an individual to receive and make such reports. The
secretary of health and environment shall, through rules and regulations,
make provision for the consolidation of reports required to be made under
this section when the person required to make the report is working in a
licensed hospital or adult care home. Laboratories certified under the
federal clinical laboratories improvement act pursuant to 42 code of fed-
eral regulations, 493 shall report the results of microbiologic cultures,
examinations, immunologic essays for the presence of antigens and anti-
bodies and any other laboratory tests which are indicative of the presence
of a reportable infectious or contagious disease to the department of
health and environment. The director of the division of health may use
information from death certificates for disease investigation purposes.

      (b) Any person who is an individual member of a class of persons
designated under subsection (a) of this section and who reports the in-
formation required to be reported under such subsection in good faith
and without malice to a county or joint board of health, a local health
officer or the department of health and environment shall have immunity
from any liability, civil or criminal, that might otherwise be incurred or
imposed in an action resulting from such report. Any such person shall
have the same immunity with respect to participation in any judicial pro-
ceeding resulting from such report.

      (c) Information required to be reported under subsection (a) of this
section shall be confidential and shall not be disclosed or made public,
upon subpoena or otherwise, beyond the requirements of subsection (a)
of this section or subsection (a) of K.S.A. 65-119, except such information
may be disclosed: (1) If no person can be identified in the information to
be disclosed and the disclosure is for statistical purposes;

      (2) if all persons who are identifiable in the information to be dis-
closed consent in writing to its disclosure;

      (3) if the disclosure is necessary, and only to the extent necessary, to
protect the public health;

      (4) if a medical emergency exists and the disclosure is to medical
personnel qualified to treat infectious or contagious diseases. Any infor-
mation disclosed pursuant to this paragraph shall be disclosed only to the
extent necessary to protect the health or life of a named party; or

      (5) if the information to be disclosed is required in a court proceeding
involving child abuse and the information is disclosed in camera.

      Sec.  18. K.S.A. 1999 Supp. 65-1626 is hereby amended to read as
follows: 65-1626. For the purposes of this act:

      (a) ``Administer'' means the direct application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of a patient
or research subject by:

      (1) A practitioner or pursuant to the lawful direction of a practitioner,
or

      (2) the patient or research subject at the direction and in the presence
of the practitioner.

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall not
include a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman when acting in the usual and lawful course
of the carrier's or warehouseman's business.

      (c) ``Board'' means the state board of pharmacy created by K.S.A. 74-
1603 and amendments thereto.

      (d) ``Brand exchange'' means the dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic name
than the brand name drug product prescribed.

      (e) ``Brand name'' means the registered trademark name given to a
drug product by its manufacturer, labeler or distributor.

      (f) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of any drug whether or not
an agency relationship exists.

      (g) ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student
or pharmacy technician to a sufficient degree to assure that all such ac-
tivities are performed accurately, safely and without risk or harm to pa-
tients, and complete the final check before dispensing.

      (h) ``Dispense'' means to deliver prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of a
practitioner or pursuant to the prescription of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses
prescription medication.

      (j) ``Distribute'' means to deliver, other than by administering or dis-
pensing, any drug.

      (k) ``Distributor'' means a person who distributes a drug.

      (l) ``Drug'' means: (1) Articles recognized in the official United States
pharmacopoeia, or other such official compendiums of the United States,
or official national formulary, or any supplement of any of them; (2) ar-
ticles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; (3) articles, other than
food, intended to affect the structure or any function of the body of man
or other animals; and (4) articles intended for use as a component of any
articles specified in clause (1), (2) or (3) of this subsection; but does not
include devices or their components, parts or accessories, except that the
term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,
as defined in K.S.A. 47-501 and amendments thereto, if such livestock
remedy has been registered in accordance with the provisions of article
5 of chapter 47 of the Kansas Statutes Annotated.

      (m) ``Electronic transmission'' means transmission of information in
electronic form or the transmission of the exact visual image of a docu-
ment by way of electronic equipment.

      (n) ``Generic name'' means the established chemical name or official
name of a drug or drug product.

      (o)  (1) ``Institutional drug room'' means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs are
administered or dispensed and which is maintained or operated for the
purpose of providing the drug needs of:

      (A) Inmates of a jail or correctional institution or facility;

      (B) residents of a juvenile detention facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;

      (C) students of a public or private university or college, a community
college or any other institution of higher learning which is located in
Kansas; or

      (D) employees of a business or other employer.

      (2) ``Institutional drug room'' does not include:

      (A) Any registered pharmacy;

      (B) any office of a practitioner; or

      (C) a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.

      (p) ``Medical care facility'' shall have the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also include
facilities licensed under the provisions of K.S.A. 75-3307b and amend-
ments thereto except community mental health centers and facilities for
the mentally retarded.

      (q) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a drug either directly or in-
directly by extraction from substances of natural origin, independently by
means of chemical synthesis or by a combination of extraction and chem-
ical synthesis and includes any packaging or repackaging of the drug or
labeling or relabeling of its container, except that this term shall not in-
clude the preparation or compounding of a drug by an individual for the
individual's own use or the preparation, compounding, packaging or la-
beling of a drug by: (1) A practitioner or a practitioner's authorized agent
incident to such practitioner's administering or dispensing of a drug in
the course of the practitioner's professional practice; (2) a practitioner,
by a practitioner's authorized agent or under a practitioner's supervision
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale; or (3) a pharmacist or the pharmacist's author-
ized agent acting under the direct supervision of the pharmacist for the
purpose of, or incident to, the dispensing of a drug by the pharmacist.

      (r) ``Person'' means individual, corporation, government, govern-
mental subdivision or agency, partnership, association or any other legal
entity.

      (s) ``Pharmacist'' means any natural person licensed under this act to
practice pharmacy.

      (t) ``Pharmacist in charge'' means the pharmacist who is responsible
to the board for a registered establishment's compliance with the laws
and regulations of this state pertaining to the practice of pharmacy, man-
ufacturing of drugs and the distribution of drugs. The pharmacist in
charge shall supervise such establishment on a full-time or a part-time
basis and perform such other duties relating to supervision of a registered
establishment as may be prescribed by the board by rules and regulations.
Nothing in this definition shall relieve other pharmacists or persons from
their responsibility to comply with state and federal laws and regulations.

      (u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale where
the profession of pharmacy is practiced and where prescriptions are com-
pounded and dispensed; or (2) which has displayed upon it or within it
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these
words or combinations of these words or words of similar import either
in English or any sign containing any of these words; or (3) where the
characteristic symbols of pharmacy or the characteristic prescription sign
``Rx'' may be exhibited. As used in this subsection, premises refers only
to the portion of any building or structure leased, used or controlled by
the licensee in the conduct of the business registered by the board at the
address for which the registration was issued.

      (v) ``Pharmacy student'' means an individual, registered with the
board of pharmacy, enrolled in an accredited school of pharmacy.

      (w) ``Pharmacy technician'' means an individual who, under the direct
supervision and control of a pharmacist, may perform packaging, manip-
ulative, repetitive or other nondiscretionary tasks related to the processing
of a prescription or medication order and who assists the pharmacist in
the performance of pharmacy related duties, but who does not perform
duties restricted to a pharmacist.

      (x) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a prescription-only drug in teaching or chemical analysis or to conduct
research with respect to a prescription-only drug.

      (y) ``Preceptor'' means a licensed pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students ob-
taining the pharmaceutical experience required by law as a condition to
taking the examination for licensure as a pharmacist.

      (z) ``Prescription'' means, according to the context, either a prescrip-
tion order or a prescription medication.

      (aa) ``Prescription medication'' means any drug, including label and
container according to context, which is dispensed pursuant to a prescrip-
tion order.

      (bb) ``Prescription-only drug'' means any drug whether intended for
use by man or animal, required by federal or state law (including 21
United States Code section 353, as amended) to be dispensed only pur-
suant to a written or oral prescription or order of a practitioner or is
restricted to use by practitioners only.

      (cc) ``Prescription order'' means: (1) An order to be filled by a phar-
macist for prescription medication issued and signed by a practitioner or
a mid-level practitioner in the authorized course of professional practice;
or (2) an order transmitted to a pharmacist through word of mouth, note,
telephone or other means of communication directed by such practitioner
or mid-level practitioner.

      (dd) ``Probation'' means the practice or operation under a temporary
license, registration or permit or a conditional license, registration or per-
mit of a business or profession for which a license, registration or permit
is granted by the board under the provisions of the pharmacy act of the
state of Kansas requiring certain actions to be accomplished or certain
actions not to occur before a regular license, registration or permit is
issued.

      (ee) ``Professional incompetency'' means:

      (1) One or more instances involving failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes gross
negligence, as determined by the board;

      (2) repeated instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes ordinary
negligence, as determined by the board; or

      (3) a pattern of pharmacy practice or other behavior which demon-
strates a manifest incapacity or incompetence to practice pharmacy.

      (ff) ``Retail dealer'' means a person selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or dis-
tributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a
prescription-only drug; or (3) a drug intended for human use by hypo-
dermic injection.

      (gg) ``Secretary'' means the executive secretary of the board.

      (hh) ``Unprofessional conduct'' means:

      (1) Fraud in securing a registration or permit;

      (2) intentional adulteration or mislabeling of any drug, medicine,
chemical or poison;

      (3) causing any drug, medicine, chemical or poison to be adulterated
or mislabeled, knowing the same to be adulterated or mislabeled;

      (4) intentionally falsifying or altering records or prescriptions;

      (5) unlawful possession of drugs and unlawful diversion of drugs to
others;

      (6) willful betrayal of confidential information under K.S.A. 65-1654
and amendments thereto;

      (7) conduct likely to deceive, defraud or harm the public;

      (8) making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;

      (9) commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice; or

      (10)  performing unnecessary tests, examinations or services which
have no legitimate pharmaceutical purpose.

      (ii) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131
and amendments thereto who has authority to prescribe drugs pursuant
to a written protocol with a responsible physician under K.S.A. 65-1130
and amendments thereto or a physician's assistant registered licensed pur-
suant to K.S.A. 65-2896a and amendments thereto the physician assistant
licensure act who has authority to prescribe drugs pursuant to a written
protocol with a responsible physician under K.S.A. 65-2896e section 8
and amendments thereto.

      Sec.  19. K.S.A. 1999 Supp. 65-2836 is hereby amended to read as
follows: 65-2836. A licensee's license may be revoked, suspended or lim-
ited, or the licensee may be publicly or privately censured, or an appli-
cation for a license or for reinstatement of a license may be denied upon
a finding of the existence of any of the following grounds:

      (a) The licensee has committed fraud or misrepresentation in apply-
ing for or securing an original, renewal or reinstated license.

      (b) The licensee has committed an act of unprofessional or dishon-
orable conduct or professional incompetency.

      (c) The licensee has been convicted of a felony or class A misde-
meanor, whether or not related to the practice of the healing arts.

      (d) The licensee has used fraudulent or false advertisements.

      (e) The licensee is addicted to or has distributed intoxicating liquors
or drugs for any other than lawful purposes.

      (f) The licensee has willfully or repeatedly violated this act, the phar-
macy act of the state of Kansas or the uniform controlled substances act,
or any rules and regulations adopted pursuant thereto, or any rules and
regulations of the secretary of health and environment which are relevant
to the practice of the healing arts.

      (g) The licensee has unlawfully invaded the field of practice of any
branch of the healing arts in which the licensee is not licensed to practice.

      (h) The licensee has engaged in the practice of the healing arts under
a false or assumed name, or the impersonation of another practitioner.
The provisions of this subsection relating to an assumed name shall not
apply to licensees practicing under a professional corporation or other
legal entity duly authorized to provide such professional services in the
state of Kansas.

      (i) The licensee has the inability to practice the branch of the healing
arts for which the licensee is licensed with reasonable skill and safety to
patients by reason of illness, alcoholism, excessive use of drugs, controlled
substances, chemical or any other type of material or as a result of any
mental or physical condition. In determining whether or not such inability
exists, the board, upon reasonable suspicion of such inability, shall have
authority to compel a licensee to submit to mental or physical examination
or drug screen, or any combination thereof, by such persons as the board
may designate. To determine whether reasonable suspicion of such ina-
bility exists, the investigative information shall be presented to the board
as a whole, to a review committee of professional peers of the licensee
established pursuant to K.S.A. 65-2840c and amendments thereto or to
a committee consisting of the officers of the board elected pursuant to
K.S.A. 65-2818 and amendments thereto and the executive director ap-
pointed pursuant to K.S.A. 65-2878 and amendments thereto, and the
determination shall be made by a majority vote of the entity which re-
viewed the investigative information. Information submitted to the board
as a whole or a review committee of peers or a committee of the officers
and executive director of the board and all reports, findings and other
records shall be confidential and not subject to discovery by or release to
any person or entity. The licensee shall submit to the board a release of
information authorizing the board to obtain a report of such examination
or drug screen, or both. A person affected by this subsection shall be
offered, at reasonable intervals, an opportunity to demonstrate that such
person can resume the competent practice of the healing arts with rea-
sonable skill and safety to patients. For the purpose of this subsection,
every person licensed to practice the healing arts and who shall accept
the privilege to practice the healing arts in this state by so practicing or
by the making and filing of an annual renewal to practice the healing arts
in this state shall be deemed to have consented to submit to a mental or
physical examination or a drug screen, or any combination thereof, when
directed in writing by the board and further to have waived all objections
to the admissibility of the testimony, drug screen or examination report
of the person conducting such examination or drug screen, or both, at
any proceeding or hearing before the board on the ground that such
testimony or examination or drug screen report constitutes a privileged
communication. In any proceeding by the board pursuant to the provi-
sions of this subsection, the record of such board proceedings involving
the mental and physical examination or drug screen, or any combination
thereof, shall not be used in any other administrative or judicial proceed-
ing.

      (j) The licensee has had a license to practice the healing arts revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, or an application for a license denied, by the proper licensing
authority of another state, territory, District of Columbia, or other coun-
try, a certified copy of the record of the action of the other jurisdiction
being conclusive evidence thereof.

      (k) The licensee has violated any lawful rule and regulation promul-
gated by the board or violated any lawful order or directive of the board
previously entered by the board.

      (l) The licensee has failed to report or reveal the knowledge required
to be reported or revealed under K.S.A. 65-28,122 and amendments
thereto.

      (m) The licensee, if licensed to practice medicine and surgery, has
failed to inform a patient suffering from any form of abnormality of the
breast tissue for which surgery is a recommended form of treatment, of
alternative methods of treatment specified in the standardized summary
supplied by the board. The standardized summary shall be given to each
patient specified herein as soon as practicable and medically indicated
following diagnosis, and this shall constitute compliance with the require-
ments of this subsection. The board shall develop and distribute to per-
sons licensed to practice medicine and surgery a standardized summary
of the alternative methods of treatment known to the board at the time
of distribution of the standardized summary, including surgical, radiolog-
ical or chemotherapeutic treatments or combinations of treatments and
the risks associated with each of these methods. Nothing in this subsection
shall be construed or operate to empower or authorize the board to re-
strict in any manner the right of a person licensed to practice medicine
and surgery to recommend a method of treatment or to restrict in any
manner a patient's right to select a method of treatment. The standard-
ized summary shall not be construed as a recommendation by the board
of any method of treatment. The preceding sentence or words having the
same meaning shall be printed as a part of the standardized summary.
The provisions of this subsection shall not be effective until the stan-
dardized written summary provided for in this subsection is developed
and printed and made available by the board to persons licensed by the
board to practice medicine and surgery.

      (n) The licensee has cheated on or attempted to subvert the validity
of the examination for a license.

      (o) The licensee has been found to be mentally ill, disabled, not guilty
by reason of insanity, not guilty because the licensee suffers from a mental
disease or defect or incompetent to stand trial by a court of competent
jurisdiction.

      (p) The licensee has prescribed, sold, administered, distributed or
given a controlled substance to any person for other than medically ac-
cepted or lawful purposes.

      (q) The licensee has violated a federal law or regulation relating to
controlled substances.

      (r) The licensee has failed to furnish the board, or its investigators or
representatives, any information legally requested by the board.

      (s) Sanctions or disciplinary actions have been taken against the li-
censee by a peer review committee, health care facility, a governmental
agency or department or a professional association or society for acts or
conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (t) The licensee has failed to report to the board any adverse action
taken against the licensee by another state or licensing jurisdiction, a peer
review body, a health care facility, a professional association or society, a
governmental agency, by a law enforcement agency or a court for acts or
conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (u) The licensee has surrendered a license or authorization to practice
the healing arts in another state or jurisdiction, has surrendered the au-
thority to utilize controlled substances issued by any state or federal
agency, has agreed to a limitation to or restriction of privileges at any
medical care facility or has surrendered the licensee's membership on any
professional staff or in any professional association or society while under
investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (v) The licensee has failed to report to the board surrender of the
licensee's license or authorization to practice the healing arts in another
state or jurisdiction or surrender of the licensee's membership on any
professional staff or in any professional association or society while under
investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (w) The licensee has an adverse judgment, award or settlement
against the licensee resulting from a medical liability claim related to acts
or conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (x) The licensee has failed to report to the board any adverse judg-
ment, settlement or award against the licensee resulting from a medical
malpractice liability claim related to acts or conduct similar to acts or
conduct which would constitute grounds for disciplinary action under this
section.

      (y) The licensee has failed to maintain a policy of professional liability
insurance as required by K.S.A. 40-3402 or 40-3403a and amendments
thereto.

      (z) The licensee has failed to pay the annual premium surcharge as
required by K.S.A. 40-3404 and amendments thereto.

      (aa) The licensee has knowingly submitted any misleading, deceptive,
untrue or fraudulent representation on a claim form, bill or statement.

      (bb) The licensee as the responsible physician for a physician's assis-
tant has failed to adequately direct and supervise the physician's assistant
in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and amend-
ments thereto, the physician assistant licensure act or rules and regula-
tions adopted under such statutes act.

      (cc) The licensee has assisted suicide in violation of K.S.A. 21-3406
as established by any of the following:

      (A) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406 and amendments thereto.

      (B) A copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 1999 Supp. 60-4404 and
amendments thereto.

      (C) A copy of the record of a judgment assessing damages under
K.S.A. 1999 Supp. 60-4405 and amendments thereto.

      Sec.  20. K.S.A. 1999 Supp. 65-28,127 is hereby amended to read as
follows: 65-28,127. (a) Every responsible licensee who directs, supervises,
orders, refers, accepts responsibility for, enters into practice protocols
with, or who delegates acts which constitute the practice of the healing
arts to other persons shall:

      (1) Be actively engaged in the practice of the healing arts in Kansas;

      (2) review and keep current any required practice protocols between
the responsible licensee and such persons, as may be determined by the
board;

      (3) direct, supervise, order, refer, enter into a practice protocol with,
or delegate to such persons only those acts and functions which the re-
sponsible licensee knows or has reason to believe such person is com-
petent and authorized by law to perform;

      (4) direct, supervise, order, refer, enter into a practice protocol with,
or delegate to other persons only those acts and functions which are
within the normal and customary specialty, competence and lawful prac-
tice of the responsible licensee;

      (5) provide for a qualified, substitute licensee who accepts responsi-
bility for the direction, supervision, delegation and practice protocols with
such persons when the responsible licensee is temporarily absent.

      (b) ``Responsible licensee'' means a person licensed by the state board
of healing arts to practice medicine and surgery or chiropractic who has
accepted responsibility for the actions of persons who perform acts pur-
suant to practice protocols with, or at the order of, or referral, direction,
supervision or delegation from such responsible licensee.

      (c) Notwithstanding the provisions of this section, K.S.A. 65-2896 to
65-2897b, inclusive, and amendments thereto, the physician assistant li-
censure act shall govern the direction and supervision of physicians' as-
sistants by persons licensed by the state board of healing arts to practice
medicine and surgery.

      (d) Nothing in subsection (a)(4) shall be construed to prohibit a per-
son licensed to practice medicine and surgery from ordering, authorizing
or directing anesthesia care by a registered nurse anesthetist pursuant to
K.S.A. 65-1158 and amendments thereto.

      (e) Nothing in this section shall be construed to prohibit a person
licensed to practice medicine and surgery from ordering, authorizing or
directing physical therapy services pursuant to K.S.A. 65-2901 et seq. and
amendments thereto.

      (f) Nothing in this section shall be construed to prohibit a person
licensed to practice medicine and surgery from entering into a co-man-
agement relationship with an optometrist pursuant to K.S.A. 65-1501 et
seq. and amendments thereto.

      (g) This section shall be part of and supplemental to the Kansas heal-
ing arts act.

      Sec.  21. K.S.A. 1999 Supp. 65-4101 is hereby amended to read as
follows: 65-4101. As used in this act: (a) ``Administer'' means the direct
application of a controlled substance, whether by injection, inhalation,
ingestion or any other means, to the body of a patient or research subject
by: (1) A practitioner or pursuant to the lawful direction of a practitioner;
or

      (2) the patient or research subject at the direction and in the presence
of the practitioner.

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser. It does not in-
clude a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman.

      (c) ``Board'' means the state board of pharmacy.

      (d) ``Bureau'' means the bureau of narcotics and dangerous drugs,
United States department of justice, or its successor agency.

      (e) ``Controlled substance'' means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sec-
tions.

      (f) ``Counterfeit substance'' means a controlled substance which, or
the container or labeling of which, without authorization bears the trade-
mark, trade name or other identifying mark, imprint, number or device
or any likeness thereof of a manufacturer, distributor or dispenser other
than the person who in fact manufactured, distributed or dispensed the
substance.

      (g) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.

      (h) ``Dispense'' means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a practi-
tioner, including the packaging, labeling or compounding necessary to
prepare the substance for that delivery, or pursuant to the prescription
of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses.

      (j) ``Distribute'' means to deliver other than by administering or dis-
pensing a controlled substance.

      (k) ``Distributor'' means a person who distributes.

      (l) ``Drug'' means: (1) Substances recognized as drugs in the official
United States pharmacopoeia, official homeopathic pharmacopoeia of the
United States or official national formulary or any supplement to any of
them; (2) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals; (3) substances
(other than food) intended to affect the structure or any function of the
body of man or animals; and (4) substances intended for use as a com-
ponent of any article specified in clause (1), (2) or (3) of this subsection.
It does not include devices or their components, parts or accessories.

      (m) ``Immediate precursor'' means a substance which the board has
found to be and by rule and regulation designates as being the principal
compound commonly used or produced primarily for use and which is
an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary
to prevent, curtail or limit manufacture.

      (n) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance either
directly or indirectly by extraction from substances of natural origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis and includes any packaging or repack-
aging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of a
controlled substance by an individual for the individual's own lawful use
or the preparation, compounding, packaging or labeling of a controlled
substance: (1) By a practitioner or the practitioner's agent pursuant to a
lawful order of a practitioner as an incident to the practitioner's admin-
istering or dispensing of a controlled substance in the course of the prac-
titioner's professional practice; or

      (2) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance.

      (o) ``Marijuana'' means all parts of all varieties of the plant Cannabis
whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative, mix-
ture or preparation of the plant, its seeds or resin. It does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, except the
resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the
plant which is incapable of germination.

      (p) ``Narcotic drug'' means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis: (1) Opium and opiate and any salt,
compound, derivative or preparation of opium or opiate;

      (2) any salt, compound, isomer, derivative or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in clause (1) but not including the isoquinoline alkaloids of
opium;

      (3) opium poppy and poppy straw;

      (4) coca leaves and any salt, compound, derivative or preparation of
coca leaves, and any salt, compound, isomer, derivative or preparation
thereof which is chemically equivalent or identical with any of these sub-
stances, but not including decocainized coca leaves or extractions of coca
leaves which do not contain cocaine or ecgonine.

      (q) ``Opiate'' means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of con-
version into a drug having addiction-forming or addiction-sustaining lia-
bility. It does not include, unless specifically designated as controlled
under K.S.A. 65-4102 and amendments thereto, the dextrorotatory iso-
mer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
It does include its racemic and levorotatory forms.

      (r) ``Opium poppy'' means the plant of the species Papaver somni-
ferum l. except its seeds.

      (s) ``Person'' means individual, corporation, government, or govern-
mental subdivision or agency, business trust, estate, trust, partnership or
association or any other legal entity.

      (t) ``Poppy straw'' means all parts, except the seeds, of the opium
poppy, after mowing.

      (u) ``Pharmacist'' means an individual currently licensed by the board
to practice the profession of pharmacy in this state.

      (v) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a controlled substance in teaching or chemical analysis or to conduct
research with respect to a controlled substance.

      (w) ``Production'' includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.

      (x) ``Ultimate user'' means a person who lawfully possesses a con-
trolled substance for such person's own use or for the use of a member
of such person's household or for administering to an animal owned by
such person or by a member of such person's household.

      (y) ``Isomer'' means all enantiomers and diastereomers.

      (z) ``Medical care facility'' shall have the meaning ascribed to that
term in K.S.A. 65-425 and amendments thereto.

      (aa) ``Cultivate'' means the planting or promotion of growth of five
or more plants which contain or can produce controlled substances.

      (bb)  (1) ``Controlled substance analog'' means a substance the chem-
ical structure of which is substantially similar to the chemical structure of
a controlled substance listed in or added to the schedules designated in
K.S.A. 65-4105 or 65-4107 and amendments thereto; and:

      (A) Which has a stimulant, depressant or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant
or hallucinogenic effect on the central nervous system of a controlled
substance included in the schedules designated in K.S.A. 65-4105 or 65-
4107 and amendments thereto; or

      (B) with respect to a particular individual, which the individual rep-
resents or intends to have a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant, de-
pressant or hallucinogenic effect on the central nervous system of a con-
trolled substance included in the schedules designated in K.S.A. 65-4105
or 65-4107 and amendments thereto.

      (2) ``Controlled substance analog'' does not include:

      (A) A controlled substance;

      (B) a substance for which there is an approved new drug application;

      (C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with
respect to the substance is permitted by the exemption; or

      (D) any substance to the extent not intended for human consumption
before an exemption takes effect with respect to the substance.

      (cc) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-
1131 and amendments thereto, who has authority to prescribe drugs pur-
suant to a written protocol with a responsible physician under K.S.A. 65-
1130, and amendments thereto or a physician's assistant licensed under
the physician assistant licensure act who has authority to prescribe drugs
pursuant to a written protocol with a responsible physician under K.S.A.
65-2896e and amendments thereto.

      Sec.  22. K.S.A. 1999 Supp. 65-4915 is hereby amended to read as
follows: 65-4915. (a) As used in this section:

      (1) ``Health care provider'' means: (A) Those persons and entities
defined as a health care provider under K.S.A. 40-3401 and amendments
thereto; and (B) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse li-
censed by the board of nursing, a practical nurse licensed by the board
of nursing, a mental health technician licensed by the board of nursing,
a physical therapist assistant certified by the state board of healing arts,
an occupational therapist registered by the state board of healing arts, an
occupational therapy assistant registered by the state board of healing
arts, a respiratory therapist licensed by the state board of healing arts, a
physician's physician assistant registered licensed by the state board of
healing arts and attendants and ambulance services certified by the emer-
gency medical services board.

      (2) ``Health care provider group'' means:

      (A) A state or local association of health care providers or one or more
committees thereof;

      (B) the board of governors created under K.S.A. 40-3403 and amend-
ments thereto;

      (C) an organization of health care providers formed pursuant to state
or federal law and authorized to evaluate medical and health care services;

      (D) a review committee operating pursuant to K.S.A. 65-2840b
through 65-2840d, and amendments thereto;

      (E) an organized medical staff of a licensed medical care facility as
defined by K.S.A. 65-425 and amendments thereto, an organized medical
staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and
amendments thereto or an organized medical staff of a state psychiatric
hospital or state institution for the mentally retarded, as follows: Larned
state hospital, Osawatomie state hospital, Rainbow mental health facility,
Kansas neurological institute and Parsons state hospital and training cen-
ter;

      (F) a health care provider;

      (G) a professional society of health care providers or one or more
committees thereof;

      (H) a Kansas corporation whose stockholders or members are health
care providers or an association of health care providers, which corpora-
tion evaluates medical and health care services; or

      (I) an insurance company, health maintenance organization or ad-
ministrator of a health benefits plan which engages in any of the functions
defined as peer review under this section.

      (3) ``Peer review'' means any of the following functions:

      (A) Evaluate and improve the quality of health care services rendered
by health care providers;

      (B) determine that health services rendered were professionally in-
dicated or were performed in compliance with the applicable standard of
care;

      (C) determine that the cost of health care rendered was considered
reasonable by the providers of professional health services in this area;

      (D) evaluate the qualifications, competence and performance of the
providers of health care or to act upon matters relating to the discipline
of any individual provider of health care;

      (E) reduce morbidity or mortality;

      (F) establish and enforce guidelines designed to keep within reason-
able bounds the cost of health care;

      (G) conduct of research;

      (H) determine if a hospital's facilities are being properly utilized;

      (I) supervise, discipline, admit, determine privileges or control mem-
bers of a hospital's medical staff;

      (J) review the professional qualifications or activities of health care
providers;

      (K) evaluate the quantity, quality and timeliness of health care serv-
ices rendered to patients in the facility;

      (L) evaluate, review or improve methods, procedures or treatments
being utilized by the medical care facility or by health care providers in
a facility rendering health care.

      (4) ``Peer review officer or committee'' means:

      (A) An individual employed, designated or appointed by, or a com-
mittee of or employed, designated or appointed by, a health care provider
group and authorized to perform peer review; or

      (B) a health care provider monitoring the delivery of health care at
correctional institutions under the jurisdiction of the secretary of correc-
tions.

      (b) Except as provided by K.S.A. 60-437 and amendments thereto
and by subsections (c) and (d), the reports, statements, memoranda, pro-
ceedings, findings and other records submitted to or generated by peer
review committees or officers shall be privileged and shall not be subject
to discovery, subpoena or other means of legal compulsion for their re-
lease to any person or entity or be admissible in evidence in any judicial
or administrative proceeding. Information contained in such records shall
not be discoverable or admissible at trial in the form of testimony by an
individual who participated in the peer review process. The peer review
officer or committee creating or initially receiving the record is the holder
of the privilege established by this section. This privilege may be claimed
by the legal entity creating the peer review committee or officer, or by
the commissioner of insurance for any records or proceedings of the
board of governors.

      (c) Subsection (b) shall not apply to proceedings in which a health
care provider contests the revocation, denial, restriction or termination
of staff privileges or the license, registration, certification or other au-
thorization to practice of the health care provider. A licensing agency in
conducting a disciplinary proceeding in which admission of any peer re-
view committee report, record or testimony is proposed shall hold the
hearing in closed session when any such report, record or testimony is
disclosed. Unless otherwise provided by law, a licensing agency conduct-
ing a disciplinary proceeding may close only that portion of the hearing
in which disclosure of a report or record privileged under this section is
proposed. In closing a portion of a hearing as provided by this section,
the presiding officer may exclude any person from the hearing location
except the licensee, the licensee's attorney, the agency's attorney, the
witness, the court reporter and appropriate staff support for either coun-
sel. The licensing agency shall make the portions of the agency record in
which such report or record is disclosed subject to a protective order
prohibiting further disclosure of such report or record. Such report or
record shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity. No person in at-
tendance at a closed portion of a disciplinary proceeding shall at a sub-
sequent civil, criminal or administrative hearing, be required to testify
regarding the existence or content of a report or record privileged under
this section which was disclosed in a closed portion of a hearing, nor shall
such testimony be admitted into evidence in any subsequent civil, crim-
inal or administrative hearing. A licensing agency conducting a discipli-
nary proceeding may review peer review committee records, testimony
or reports but must prove its findings with independently obtained tes-
timony or records which shall be presented as part of the disciplinary
proceeding in open meeting of the licensing agency. Offering such tes-
timony or records in an open public hearing shall not be deemed a waiver
of the peer review privilege relating to any peer review committee testi-
mony, records or report.

      (d) Nothing in this section shall limit the authority, which may oth-
erwise be provided by law, of the commissioner of insurance, the state
board of healing arts or other health care provider licensing or disciplinary
boards of this state to require a peer review committee or officer to report
to it any disciplinary action or recommendation of such committee or
officer; to transfer to it records of such committee's or officer's proceed-
ings or actions to restrict or revoke the license, registration, certification
or other authorization to practice of a health care provider; or to terminate
the liability of the fund for all claims against a specific health care provider
for damages for death or personal injury pursuant to subsection (i) of
K.S.A. 40-3403 and amendments thereto. Reports and records so fur-
nished shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity and shall not be
admissible in evidence in any judicial or administrative proceeding other
than a disciplinary proceeding by the state board of healing arts or other
health care provider licensing or disciplinary boards of this state.

      (e) A peer review committee or officer may report to and discuss its
activities, information and findings to other peer review committees or
officers or to a board of directors or an administrative officer of a health
care provider without waiver of the privilege provided by subsection (b)
and the records of all such committees or officers relating to such report
shall be privileged as provided by subsection (b).

      (f) Nothing in this section shall be construed to prevent an insured
from obtaining information pertaining to payment of benefits under a
contract with an insurance company, a health maintenance organization
or an administrator of a health benefits plan.

      Sec.  23. K.S.A. 1999 Supp. 65-6112 is hereby amended to read as
follows: 65-6112. As used in this act:

      (a) ``Administrator'' means the administrator of the emergency med-
ical services board.

      (b) ``Ambulance'' means any privately or publicly owned motor ve-
hicle, airplane or helicopter designed, constructed, prepared and
equipped for use in transporting and providing emergency care for in-
dividuals who are ill or injured.

      (c) ``Ambulance service'' means any organization operated for the
purpose of transporting sick or injured persons to or from a place where
medical care is furnished, whether or not such persons may be in need
of emergency or medical care in transit.

      (d) ``Attendant'' means a first responder, emergency medical tech-
nician, emergency medical technician-intermediate, emergency medical
technician-defibrillator or a mobile intensive care technician certified
pursuant to this act.

      (e) ``Board'' means the emergency medical services board established
pursuant to K.S.A. 65-6102, and amendments thereto.

      (f) ``Emergency medical service'' means the effective and coordinated
delivery of such care as may be required by an emergency which includes
the care and transportation of individuals by ambulance services and the
performance of authorized emergency care by a physician, professional
nurse, physician's a licensed physician assistant or attendant.

      (g) ``Emergency medical technician'' means a person who holds an
emergency medical technician certificate issued pursuant to this act.

      (h) ``Emergency medical technician-defibrillator'' means a person
who holds an emergency medical technician defibrillator certificate issued
pursuant to this act.

      (i) ``Emergency medical technician-intermediate'' means a person
who holds an emergency medical technician intermediate certificate is-
sued pursuant to this act.

      (j) ``First responder'' means a person who holds a first responder cer-
tificate issued pursuant to this act.

      (k) ``Hospital'' means a hospital as defined by K.S.A. 65-425, and
amendments thereto.

      (l) ``Instructor-coordinator'' means a person who is certified under
this act to teach initial courses of certification of instruction and contin-
uing education classes.

      (m) ``Medical adviser'' means a physician.

      (n) ``Medical protocols'' mean written guidelines which authorize at-
tendants to perform certain medical procedures prior to contacting a phy-
sician, or professional nurse authorized by a physician. These protocols
shall be developed and approved by a county medical society or, if there
is no county medical society, the medical staff of a hospital to which the
ambulance service primarily transports patients.

      (o) ``Mobile intensive care technician'' means a person who holds a
mobile intensive care technician certificate issued pursuant to this act.

      (p) ``Municipality'' means any city, county, township, fire district or
ambulance service district.

      (q) ``Nonemergency transportation'' means the care and transport of
a sick or injured person under a foreseen combination of circumstances
calling for continuing care of such person. As used in this subsection,
transportation includes performance of the authorized level of services of
the attendant whether within or outside the vehicle as part of such trans-
portation services.

      (r) ``Operator'' means a person or municipality who has a permit to
operate an ambulance service in the state of Kansas.

      (s) ``Person'' means an individual, a partnership, an association, a
joint-stock company or a corporation.

      (t) ``Physician'' means a person licensed by the state board of healing
arts to practice medicine and surgery.

      (u) ``Physician's Physician assistant'' means a person who is registered
in accordance with the provisions of K.S.A. 65-2896a, and amendments
thereto licensed under the physician assistant licensure act and who is
acting under the direction of a responsible physician.

      (v) ``Professional nurse'' means a licensed professional nurse as de-
fined by K.S.A. 65-1113, and amendments thereto.

      (w) ``Provider of training'' means a corporation, partnership, accred-
ited postsecondary education institution, ambulance service, fire depart-
ment, hospital or municipality that conducts training programs that in-
clude, but are not limited to, initial courses of instruction and continuing
education for attendants, instructor-coordinators or training officers.

      (x) ``Responsible physician'' means responsible physician as such term
is defined under K.S.A. 65-2897a and amendments thereto.

      (y) ``Training officer'' means a person who is certified pursuant to this
act to teach initial courses of instruction for first responders and contin-
uing education as prescribed by the board.

      Sec.  24. K.S.A. 1999 Supp. 65-6135 is hereby amended to read as
follows: 65-6135. (a) All ambulance services providing emergency care as
defined by the rules and regulations adopted by the board shall offer
service 24 hours per day every day of the year.

      (b) Whenever an operator is required to have a permit, at least one
person on each vehicle providing emergency medical service shall be an
attendant certified as an emergency medical technician, emergency med-
ical technician-intermediate, emergency medical technician-defibrillator,
a mobile intensive care technician, a physician, a registered physician's
licensed physician assistant or a professional nurse.

      Sec.  25. K.S.A. 1999 Supp. 65-6701 is hereby amended to read as
follows: 65-6701. As used in this act:

      (a) ``Abortion'' means the use of any means to intentionally terminate
a pregnancy except for the purpose of causing a live birth. Abortion does
not include: (1) The use of any drug or device that inhibits or prevents
ovulation, fertilization or the implantation of an embryo; or (2) disposition
of the product of in vitro fertilization prior to implantation.

      (b) ``Counselor'' means a person who is: (1) Licensed to practice med-
icine and surgery; (2) licensed to practice psychology; (3) licensed to prac-
tice professional or practical nursing; (4) registered to practice profes-
sional counseling; (5) licensed as a social worker; (6) the holder of a
master's or doctor's degree from an accredited graduate school of social
work; (7) registered to practice marriage and family therapy; (8) a regis-
tered physician's licensed physician assistant; or (9) a currently ordained
member of the clergy or religious authority of any religious denomination
or society. Counselor does not include the physician who performs or
induces the abortion or a physician or other person who assists in per-
forming or inducing the abortion.

      (c) ``Department'' means the department of health and environment.

      (d) ``Gestational age'' means the time that has elapsed since the first
day of the woman's last menstrual period.

      (e) ``Medical emergency'' means that condition which, on the basis
of the physician's good faith clinical judgment, so complicates the medical
condition of a pregnant woman as to necessitate the immediate abortion
of her pregnancy to avert her death or for which a delay will create serious
risk of substantial and irreversible impairment of a major bodily function.

      (f) ``Minor'' means a person less than 18 years of age.

      (g) ``Physician'' means a person licensed to practice medicine and
surgery in this state.

      (h) ``Pregnant'' or ``pregnancy'' means that female reproductive con-
dition of having a fetus in the mother's body.

      (i) ``Qualified person'' means an agent of the physician who is a psy-
chologist, licensed social worker, registered professional counselor, reg-
istered nurse or physician.

      (j) ``Unemancipated minor'' means any minor who has never been:
(1) Married; or (2) freed, by court order or otherwise, from the care,
custody and control of the minor's parents.

      (k) ``Viable'' means that stage of gestation when, in the best medical
judgment of the attending physician, the fetus is capable of sustained
survival outside the uterus without the application of extraordinary med-
ical means.

      Sec.  26. K.S.A. 75-6102 is hereby amended to read as follows: 75-
6102. As used in K.S.A. 75-6101 through 75-6118, and amendments
thereto, unless the context clearly requires otherwise:

      (a) ``State'' means the state of Kansas and any department or branch
of state government, or any agency, authority, institution or other instru-
mentality thereof.

      (b) ``Municipality'' means any county, township, city, school district
or other political or taxing subdivision of the state, or any agency, au-
thority, institution or other instrumentality thereof.

      (c) ``Governmental entity'' means state or municipality.

      (d) ``Employee'' means any officer, employee, servant or member of
a board, commission, committee, division, department, branch or council
of a governmental entity, including elected or appointed officials and
persons acting on behalf or in service of a governmental entity in any
official capacity, whether with or without compensation and a charitable
health care provider. Employee includes any steward or racing judge ap-
pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
of whether the services of such steward or racing judge are rendered
pursuant to contract as an independent contractor, but does not otherwise
include any independent contractor under contract with a governmental
entity except (1) employees of the United States marshal's service en-
gaged in the transportation of inmates on behalf of the secretary of cor-
rections, (2) a person who is an employee of a nonprofit independent
contractor, other than a municipality, under contract to provide educa-
tional or vocational training to inmates in the custody of the secretary of
corrections and who is engaged in providing such service in an institution
under the control of the secretary of corrections provided that such em-
ployee does not otherwise have coverage for such acts and omissions
within the scope of their employment through a liability insurance con-
tract of such independent contractor; and (3) a person who is an employee
of a nonprofit program, other than a municipality, who has contracted
with the commissioner of juvenile justice or with another nonprofit pro-
gram that has contracted with the commissioner of juvenile justice to
provide a juvenile justice program for juvenile offenders in a judicial dis-
trict provided that such employee does not otherwise have coverage for
such acts and omissions within the scope of their employment through a
liability insurance contract of such nonprofit program. ``Employee'' also
includes an employee of an indigent health care clinic. ``Employee'' also
includes former employees for acts and omissions within the scope of
their employment during their former employment with the govern-
mental entity.

      (e) ``Community service work'' means public or community service
performed by a person (1) as a result of a contract of diversion entered
into by such person as authorized by law, (2) pursuant to the assignment
of such person by a court to a community corrections program, (3) as a
result of suspension of sentence or as a condition of probation pursuant
to court order, (4) in lieu of a fine imposed by court order or (5) as a
condition of placement ordered by a court pursuant to K.S.A. 38-1663,
and amendments thereto.

      (f) ``Charitable health care provider'' means a person licensed by the
state board of healing arts as an exempt licensee or a federally active
licensee, a person issued a limited permit by the state board of healing
arts, a physician's physician assistant registered licensed by the state board
of healing arts or a health care provider as the term ``health care provider''
is defined under K.S.A. 65-4921, and amendments thereto, who has en-
tered into an agreement with:

      (1) The secretary of health and environment under K.S.A. 75-6120,
and amendments thereto, who, pursuant to such agreement, gratuitously
renders professional services to a person who has provided information
which would reasonably lead the health care provider to make the good
faith assumption that such person meets the definition of medically in-
digent person as defined by this section or to a person receiving medical
assistance from the programs operated by the department of social and
rehabilitation services, and who is considered an employee of the state of
Kansas under K.S.A. 75-6120, and amendments thereto;

      (2) the secretary of health and environment and who, pursuant to
such agreement, gratuitously renders professional services in conducting
children's immunization programs administered by the secretary; or

      (3) a local health department or indigent health care clinic, which
renders professional services to medically indigent persons or persons
receiving medical assistance from the programs operated by the depart-
ment of social and rehabilitation services gratuitously or for a fee paid by
the local health department or indigent health care clinic to such provider
and who is considered an employee of the state of Kansas under K.S.A.
75-6120 and amendments thereto. Professional services rendered by a
provider under this paragraph (3) shall be considered gratuitous notwith-
standing fees based on income eligibility guidelines charged by a local
health department or indigent health care clinic and notwithstanding any
fee paid by the local health department or indigent health care clinic to
a provider in accordance with this paragraph (3).

      (g) ``Medically indigent person'' means a person who lacks resources
to pay for medically necessary health care services and who meets the
eligibility criteria for qualification as a medically indigent person estab-
lished by the secretary of health and environment under K.S.A. 75-6120,
and amendments thereto.

      (h) ``Indigent health care clinic'' means an outpatient medical care
clinic operated on a not-for-profit basis which has a contractual agreement
in effect with the secretary of health and environment to provide health
care services to medically indigent persons.

      (i) ``Local health department'' shall have the meaning ascribed to such
term under K.S.A. 65-241 and amendments thereto.

 Sec.  27. K.S.A. 40-2,111, 65-2896a, 65-2896c, 65-2896d, 65-2896f,
65-2896g, 65-2896h, 65-2897a, 65-2897b and 75-6102 and K.S.A. 1999
Supp. 38-135, 40-3401, 60-4402, 65-118, 65-1626, 65-2836, 65-2896, 65-
2896b, 65-2896e, 65-28,127, 65-4101, 65-4101a, 65-4915, 65-6112, 65-
6135 and 65-6701 are hereby repealed.
 Sec.  28. This act shall take effect and be in force from and after
February 1, 2001, and its publication in the statute book.

Approved May 16, 2000.
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