HB 2181--Am. by SCW
[As Amended by Senate Committee of the
As Amended by Senate Committee
Session of 1997
HOUSE BILL No. 2181
By Committee on Health and Human Services
12 AN ACT establishing a cancer registry in the state of Kansas and providing
13 for rules and regulations for the operation thereof.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. As used in this act:
17 (a) ``Confidential data'' means any data which permits the identifi-
18 cation of individuals.
19 (b) ``Health care provider'' means a person licensed to practice med-
20 icine and surgery, a hospital as defined in K.S.A. 65-425 and amendments
21 thereto, any individual providing health care services or a pathology lab-
23 (c) ``Secretary'' means the secretary of the department of health and
25 Sec. 2. (a) The secretary is hereby authorized to collect data pertain-
26 ing to all cancers occurring in Kansas into a registry which shall be the
27 cancer registry for the state of Kansas. The secretary shall adopt rules and
28 regulations which use the most efficient, least intrusive means for col-
29 lecting cancer data consistent with ensuring the quality, timeliness, com-
30 pleteness and confidentiality of the cancer registry. The rules and regu-
31 lations shall specify who shall report, the data elements to be reported,
32 timeliness of reporting and format for collecting and transmitting data to
33 the registry.
(b) Hospitals, providers of cancer screening, diagnostic or therapeutic
35 services, and pathology laboratories may be required by rule and regu-
36 lation to report information regarding all persons identified with cancer
37 to the cancer registry.
38 (c) (b) Reporting by persons licensed to practice medicine or sur-
39 gery and other individuals providing health care services shall be limited
40 to responding to requests for information regarding persons with cancer
41 previously identified by other means.
42 Sec. 3. Uses of registry data which are not confidential in nature
43 include, but are not limited to:
HB 2181--Am. by SCW
1 (a) The production of statistical data which outline the frequency,
2 distribution, severity at diagnosis, treatment and survival for each type of
4 (b) the design and implementation of cancer screening programs
5 which have been demonstrated to decrease cancer mortality;
6 (c) assessing the cancer risk in the Kansas population;
7 [(d) assessing the possible cancer risk of abortion;]
(d) [e] identifying previously unrecognized risk factors and causes of
10 (e) [f] monitoring the potential health impact of environmental ex-
12 (f) [g] monitoring health care access and utilization and effectiveness
13 of services for the prevention and treatment of cancer; and
14 (g) [h] quantifying costs associated with cancer care.
15 Sec. 4. The information contained on the cancer registry shall be
16 confidential, shall not be disclosed except as provided in section 5
17 and amendments thereto, shall not be subject to subpoena, discov-
18 ery or introduction into evidence in any civil or criminal proceeding
19 and shall not be subject to the provisions of the Kansas open records act.
20 The secretary shall ensure that the confidentiality of any data collected
21 which might be used to identify an individual with cancer or a health care
22 provider is maintained. Storage of cancer data shall be in a manner which
23 will protect all information which uniquely identifies individuals.
24 Sec. 5. Confidential data collected pursuant to this act shall be
25 securely locked and used only for the following purposes:
26 (a) Ensuring the quality and completeness of the registry data.
27 (b) Investigating the nature and cause of abnormal clusterings of can-
28 cer [and the possible cancer risk related to having an abortion].
29 (c) Offering through the personal physician, to persons with cancer,
30 access to cancer diagnostics and treatments not available except through
31 clinical trials. As long as such trials are conducted with the informed,
32 written consent of the cancer patient, the confidential data is approved
33 for release by the secretary for the purpose of such clinical trials and the
34 clinical trials are approved by the clinical entity.
35 (d) Releasing data back to the institution or individual which reported
36 cases as long as such release includes only those cases previously reported
37 by the requesting institution or individual.
38 (e) As part of an exchange agreement with another state, confidential
39 data collected on a resident of another state may be released to the cancer
40 registry of that person's state of residence if that state has confidentiality
41 requirements that provide assurance of protection of confidentiality
42 equivalent to that provided by Kansas under this act.
43 (f) Releasing information upon consent, in writing, of the person who
HB 2181--Am. by SCW
1 is the subject of the information, or if such person is under 18 years of
2 age, by such person's parent or guardian.
3 Sec. 6. The secretary shall designate a panel, including at least one
4 physician licensed to practice medicine in Kansas and the registry direc-
5 tor, which shall establish policies for release of nonconfidential data and
6 shall review requests for the confidential registry data. No restrictions are
7 placed on release of data which are statistical in nature.
8 Sec. 7. Any health care provider, whether a person or institution,
9 who reports cancer information to the registry in good faith and without
10 malice, in accordance with the requirements of this statute, shall have
11 immunity from any liability, civil or criminal, which might otherwise be
12 incurred or imposed in an action resulting from such report. Notwith-
13 standing K.S.A. 60-427 and amendments thereto, there shall be no priv-
14 ilege preventing the furnishing of such information or reports as required
15 by this act by any health care provider. Nothing in this section shall be
16 construed to apply to the unauthorized disclosure of confidential or priv-
17 ileged information when such disclosure is due to gross negligence or
18 willful misconduct.
19 Sec. 8. This act shall take effect and be in force from and after its
20 publication in the statute book.