CHAPTER  2 SENATE BILL No. 34 (Amended by Chapter 158) An Act relating to the Kansas tort claims act; defining charitable health care provider;
amending K.S.A. 2002 Supp. 75-6102 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2002 Supp. 75-6102 is hereby amended to read as
follows: 75-6102. As used in K.S.A. 75-6101 through 75-6118, and amend-
ments 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
or volunteer of a nonprofit program, other than a municipality, who has
contracted with the commissioner of juvenile justice or with another non-
profit program that has contracted with the commissioner of juvenile
justice to provide a juvenile justice program for juvenile offenders in a
judicial district provided that such employee or volunteer does not oth-
erwise have coverage for such acts and omissions within the scope of their
employment or volunteer activities 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 governmental 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 assistant 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 entered into an agree-
ment 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).; or

      (4) the secretary of health and environment to provide dentistry serv-
ices defined by K.S.A. 65-1422 et seq. and amendments thereto or dental
hygienist services defined by K.S.A. 65-1456 and amendments thereto that
are targeted, but are not limited to medically indigent persons, and are
provided on a gratuitous basis at a location sponsored by a not-for-profit
organization that is not the dentist or dental hygienist office location.
Except that such dentistry services and dental hygienist services shall not
include ``oral and maxillofacial surgery'' as defined by Kansas adminis-
trative regulation 71-2-2, or use sedation or general anesthesia that result
in ``deep sedation'' or ``general anesthesia'' as defined by Kansas admin-
istrative regulation 71-5-1.

      (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.  2. K.S.A. 2002 Supp. 75-6102 is hereby repealed.

      Sec.  3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved February 11, 2003.
 Published in the Kansas Register February 20, 2003.
__________