CHAPTER 58 SENATE BILL No. 64 An Act relating to public health; concerning the reporting of AIDS and HIV; amending
K.S.A. 2000 Supp. 65-6002 and 65-6011 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-6002 is hereby amended to read as
follows: 65-6002. (a) Whenever any physician has information indicating
that a person is suffering from or has died from AIDS, such knowledge
or information shall be reported immediately to the secretary, together
with the name and address of the person who has AIDS. Any physician
or administrator of a medical care facility or such administrator's designee
who is in receipt of a report indicating laboratory confirmation of HIV
infection resulting from the examination of any specimen provided to a
laboratory by such physician or administrator or designee shall report all
such information to the secretary. Reports shall be provided within 30
days of testing and shall include the name and address of the person
tested, the type of test or tests performed, the date of performance of
the test or tests, the results of the test or tests, the sex, date of birth,
county of residence and racial/ethnic group of the person tested.

      (b) Whenever any laboratory director has information on laboratory
confirmation of HIV infection, this information shall be reported to the
secretary. Reports shall be provided within 30 days of testing and shall
include the type of test or tests, the results of the test or tests, dates of
performance of the test or tests, the name of the physician or facility
requesting the test or tests, and any identifying information about the
person tested as the laboratory director has access to, such as the name
and address of the person tested, the sex, date of birth, county of resi-
dence and racial/ethnic group, exposure category and pregnancy status of
the person tested.

      (c) Any physician, administrator of a medical care facility or such
administrator's designee or laboratory director who reports the informa-
tion required to be reported under subsection (a) or (b) in good faith and
without malice to the secretary 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 physician, administrator or designee
or laboratory director shall have the same immunity with respect to par-
ticipation in any judicial proceeding resulting from such report.

      (d) Information required to be reported under subsection (a) or (b)
and information obtained through laboratory tests conducted by the de-
partment of health and environment relating to HIV or AIDS and persons
suffering therefrom or infected therewith shall be confidential and shall
not be disclosed or made public, upon subpoena or otherwise, beyond
the disclosure necessary under subsection (a) or (b) or under subsection
(a) of K.S.A. 65-6003 and amendments thereto or the usual reporting of
laboratory test results to persons specifically designated by the secretary
as authorized to obtain such information, 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, as
specified by rules and regulations of the secretary, to protect the public
health;

      (4) if a medical emergency exists and the disclosure is to medical
personnel qualified to treat AIDS or HIV infection, except that any in-
formation 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 a minor and the information is disclosed in camera.

      (e) Information regarding cases of AIDS or HIV infection reported
in accordance with this section shall be used only as authorized under
this act. Such information shall not be used in any form or manner which
would lead to the discrimination against any individual or group with
regard to employment, to provision of medical care or acceptance into
any facilities or institutions for medical care, housing, education, trans-
portation, or for the provision of any other goods or services.

      Sec.  2. K.S.A. 2000 Supp. 65-6011 is hereby amended to read as
follows: 65-6011. On or before January 8, 2001, and annually thereafter,
the secretary of health and environment shall report to the legislature
concerning the impact of the changes made to K.S.A. 65-6001 et seq. by
sections 1 to 6, inclusive, of this act. On July 1, 2001, the provisions of
K.S.A. 65-6001 to 65-6010, inclusive, and amendments thereto, are
hereby repealed through 65-6007, and amendments thereto.

 Sec.  3. K.S.A. 2000 Supp. 65-6002 and 65-6011 are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 2, 2001.
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