Session of 2000
By Committee on Federal and State Affairs

  9             AN  ACT concerning infectious diseases communicable from one person
10             to another through body fluids; amending K.S.A. 1999 Supp. 65-6015,
11             65-6016 and 65-6017 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 65-6015 is hereby amended to read as
15       follows: 65-6015. As used in sections K.S.A. 65-6015 through 65-6017:
16             (a) ``Body fluid'' means blood, amniotic fluid, pericardial fluid, pleural
17       fluid, synovial fluid, cerebrospinal fluid, semen or vaginal secretions, or
18       any body fluid visibly contaminated with blood.
19             (b) ``Corrections employee'' means an employee of the department
20       of corrections or the employee of a contractor who is under contract to
21       provide services in a correctional institution.
22             (c) ``HIV'' means the human immunodeficiency virus.
23             (d) ``HIV infection'' means the presence of HIV in the body.
24             (e) ``Offender'' means a person in the legal custody of the secretary
25       of corrections.
26             (f) ``Physician'' means any person licensed to practice medicine and
27       surgery.
28             (g) ``Positive reaction to a hepatitis B test'' means the confirmed pres-
29       ence of hepatitis B surface antigen.
30             (h) ``Positive reaction to an HIV test'' means a positive screening test,
31       approved by the secretary of health and environment, indicating infection
32       by HIV, with a positive specific test as specified by the secretary com-
33       prising confirmed analytical results which are evidence of HIV infection.
34             (i) ``Tests for HIV infection and hepatitis B'' means tests approved
35       by the secretary of health and environment for detection of HIV infection
36       and hepatitis B.
37             (g) ``Infectious disease'' means any disease communicable from one
38       person to another through contact with body fluids.
39             (h) ``Infectious disease tests'' means tests approved by the secretary
40       for detection of infectious diseases.
41             Sec.  2. K.S.A. 1999 Supp. 65-6016 is hereby amended to read as
42       follows: 65-6016. (a) Notwithstanding any other law to the contrary, a
43       physician performing medical or surgical procedures on a patient who the


  1       physician knows has HIV or hepatitis B an infectious disease or has had
  2       a positive reaction to an HIV or hepatitis B infectious disease test may
  3       disclose such information to corrections employees who have been or will
  4       be placed in contact with body fluid of such patient. The information shall
  5       be confidential and shall not be disclosed by corrections employees except
  6       as may be necessary in providing treatment for such patient. Any other
  7       disclosure of such information by a corrections employee is a class C
  8       misdemeanor.
  9             (b) Nothing in this section shall be construed to create a duty to warn
10       any person of possible exposure to HIV infection or hepatitis B an infec-
11       tious disease.
12             (c) Any physician who discloses information in accordance with the
13       provisions of this section in good faith and without malice shall have
14       immunity from any liability, civil or criminal, that might otherwise be
15       incurred or imposed in an action resulting from such disclosure. Any such
16       physician shall have the same immunity with respect to participation in
17       any judicial proceeding resulting from such disclosure.
18             Sec.  3. K.S.A. 1999 Supp. 65-6017 is hereby amended to read as
19       follows: 65-6017. (a) If a corrections employee has been placed in contact
20       with body fluid from one or more offenders while performing duties
21       within the scope of such employee's duties as a corrections employee, the
22       secretary of corrections may make application to the district court of the
23       county where the offender or offenders are in custody for an order re-
24       quiring such offender or offenders to submit to tests for HIV infection
25       and hepatitis B infectious diseases. Such application shall include an al-
26       legation that the offender or offenders sought to be tested have been
27       requested to voluntarily submit to tests for HIV infection and hepatitis B
28       a specific infectious disease or diseases and have refused the tests and
29       that the corrections employee has voluntarily agreed to voluntary testing
30       for HIV infection and hepatitis B the same infectious disease, including
31       appropriate follow-up testing. When any such application is received, the
32       court shall hold a hearing forthwith and shall issue its order thereon im-
33       mediately if the court finds that: (1) There is probable cause to believe
34       that the employee involved has been placed in contact with body fluid of
35       the offender or offenders sought to be tested; and (2) the offender or
36       offenders sought to be tested have been requested to submit to the tests
37       and have refused, unless the court makes a further finding that exigent
38       circumstances exist that would, in the court's judgment, excuse the ap-
39       plicant from making such a request. Expenses of the testing shall be
40       assessed as a cost of the proceeding.
41             (b) If a test for HIV infection or hepatitis B infectious disease ordered
42       pursuant to this section results in a negative reaction, the court, upon
43       proper application, shall order the offender tested to submit to another


  1       test six months after the date the first test was administered.
  2             (c) If a test is ordered pursuant to this section, the corrections em-
  3       ployee shall designate a health care provider or counselor to receive the
  4       test results on behalf of the corrections employee. The results of the test
  5       shall be disclosed to the court that ordered the test, the person tested
  6       and the health care provider or counselor designated by the corrections
  7       employee. The results shall also be disclosed to the secretary of correc-
  8       tions for inclusion in the offender's medical records. Test results of the
  9       corrections employee shall not be disclosed except as specifically author-
10       ized in writing by the employee.
11             (d) When a court orders an offender to submit to tests under this
12       section which require withdrawal of blood, the withdrawal of the blood
13       may be performed only by: (1) A physician or a person acting under the
14       supervision of a physician; (2) a licensed professional nurse or a licensed
15       practical nurse; or (3) a qualified medical technician. No person author-
16       ized by this subsection to withdraw blood, no person assisting in the per-
17       formance of the tests nor any medical care facility where blood is with-
18       drawn or tested that has been ordered by the court to withdraw or test
19       blood shall be liable in any civil or criminal action when the act is per-
20       formed in a reasonable manner according to generally accepted medical
21       practices.
22             (e) The results of tests or reports, or information therein, obtained
23       under this section shall be confidential and shall not be divulged to any
24       person not authorized by law to receive such results, reports or infor-
25       mation. Any violation of this subsection is a class C misdemeanor. 
26       Sec.  4. K.S.A. 1999 Supp. 65-6015, 65-6016 and 65-6017 are hereby
27       repealed.
28        Sec.  5. This act shall take effect and be in force from and after its
29       publication in the statute book.