K.S.A. Chapter 65

Article 60 - ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE

Last amended July 1, 2023

 

65-6001    AIDS or HIV; definitions.

65-6002    Intentionally excluded, not law enforcement applicable.

65-6003    Intentionally excluded, not law enforcement applicable.

65-6004    Intentionally excluded, not law enforcement applicable.

65-6005    Intentionally excluded, not law enforcement applicable.

65-6006    Intentionally excluded, not law enforcement applicable.

65-6007    Intentionally excluded, not law enforcement applicable.

65-6008    Infectious disease testing; certain persons in contact with body fluids; hearing; disclosure of test results.

65-6009    Infectious disease testing; persons arrested or convicted; disclosure of test results; costs of counseling and testing.

65-6010    Same; withdrawal of blood; confidentiality of information; penalty.

65-6001. AIDS or HIV; definitions

As used in K.S.A. 65-6001 through 65-6010, and amendments thereto, unless the context clearly requires otherwise:

(a)   "AIDS" means the disease acquired immune deficiency syndrome.

(b)   "HIV" means the human immunodeficiency virus.

(c)    "Laboratory confirmation of HIV infection" means positive test results from a confirmation test approved by the secretary.

(d)   "Secretary" means the secretary of health and environment.

(e)   "Physician" means any person licensed to practice medicine and surgery.

(f)    "Laboratory director" means the person responsible for the professional, administrative, organizational and educational duties of a laboratory.

(g)   "HIV infection" means the presence of HIV in the body.

(h)   "Racial/ethnic group" shall be designated as either white, black, Hispanic, Asian/Pacific islander or American Indian/Alaskan Native.

(i)    "Corrections officer" means an employee of the department of corrections as described in K.S.A. 75-5202(f) and (g), and amendments thereto.

(j)    "Emergency services employee" means an emergency medical service provider as described in K.S.A. 65-6112, and amendments thereto, or a firefighter.

(k)   "Law enforcement employee" means:

        (1)   Any police officer or law enforcement officer as defined under K.S.A. 74-5602, and amendments thereto;

        (2)   any person in the service of a city police department or county sheriff's office who performs law enforcement duties without pay and is considered a reserve officer;

        (3)   any person employed by a city or county who is in charge of a jail or section of jail, including jail guards and those who conduct searches of persons taken into custody; or

        (4)   any person employed by a city, county or the state of Kansas who works as a scientist or technician in a forensic laboratory.

(l)    "Employing agency or entity" means the agency or entity employing a corrections officer, emergency services employee, law enforcement employee or jailer.

(m)  "Infectious disease" means those diseases designated by the secretary through rules and regulations adopted pursuant to K.S.A. 65-128, and amendments thereto, as infectious or contagious in their nature.

(n)   "Infectious disease tests" means tests approved by the secretary for detection of infectious diseases.

(o)   "Juvenile correctional facility staff" means an employee of the department of corrections working in a juvenile correctional facility as defined in K.S.A. 38-2302, and amendments thereto.

History: L. 1988, ch. 232, § 1; L. 1990, ch. 234, § 1; L. 1996, ch. 215, § 1; L. 1998, ch. 187, § 12; L. 1999, ch. 109, § 1; L. 2006, ch. 169, § 119; L. 2010, ch. 119, § 17; L. 2019, ch. 64, § 16; L. 2021, ch. 112, § 1; July 1.

65-6008. Infectious disease testing; certain persons in contact with body fluids; hearing; disclosure of test results.

(a)   If a corrections officer, emergency services employee, law enforcement employee or juvenile correctional facility staff comes in contact with or otherwise is exposed to transmission of body fluids from one or more other persons while performing duties within the scope of such employee's duties as an employee, the head of the employing agency or entity, or the agency head’s designee, may make application to a court of competent jurisdiction for an order requiring such other person or persons to submit to infectious disease tests.

(b)   Such application shall include an allegation that the person or persons sought to be tested have been requested to submit voluntarily to infectious disease tests and have refused the tests. When any such application is received, the court shall promptly hold a hearing and shall issue its order thereon immediately if the court finds that: (1) There is probable cause to believe that the employee involved has come in contact with or otherwise has been exposed to transmission of the body fluids of the person or persons sought to be tested; and (2) the person or persons sought to be tested have been requested to submit to the tests and have refused, unless the court makes a further finding that exigent circumstances exist which, in the court's judgment, would excuse the applicant from making such a request.

(c)    If an infectious disease test ordered pursuant to this section results in a negative reaction, the court shall order the person tested to submit to another infectious disease test six months from the date the first test was administered.

(d)   The results of any infectious disease test ordered pursuant to this section shall be disclosed to the court which ordered the test, the employee and the person tested. If an infectious disease test ordered pursuant to this section results in a positive reaction, the results shall be reported to the employee.

History: L. 1996, ch. 215, § 3; L. 1998, ch. 187, § 13; L. 2023, ch. 37, § 1; July 1.

65-6009. Infectious disease testing; persons arrested or convicted; disclosure of test results; costs of counseling and testing.

(a)   (1)   At the time of an appearance before a magistrate under K.S.A. 22-2901, and amendments thereto, the magistrate shall inform any person arrested and charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved of the availability of infectious disease tests and shall cause the alleged victim of such a crime, if any, to be notified that infectious disease tests and counseling are available.

        (2)   The court shall order a person arrested and charged to submit to infectious disease tests if:

                (A)   The victim of the crime or the county or district attorney requests the court to order such tests of the alleged offender; or

                (B)   such person stated they had an infectious disease or were infected with an infectious disease, or used words of like effect, to the law enforcement officer making such arrest.

(3)   Testing for infectious disease shall occur not later than 48 hours after the alleged offender appears before a magistrate under K.S.A. 22-2901, and amendments thereto. The results of any test obtained under this section shall be inadmissible in any criminal or civil proceeding. The court shall also order the arrested person to submit to follow-up tests for infectious diseases as may be medically appropriate.

(b)   Upon conviction of a person for any crime that the court determines from the facts of the case involved or was likely to have involved the transmission of body fluids from one person to another, the court: (1) May order the convicted person to submit to infectious disease tests; or (2) shall order the convicted person to submit to infectious disease tests if the victim of the crime or the parent or legal guardian of the victim, if the victim is a minor, requests the court to issue such order. If infectious disease tests are ordered under this subsection, the victim of the crime, if any, who is not a minor, shall designate a healthcare provider or counselor to receive such information on behalf of the victim. If the victim is a minor, the parent or legal guardian of the victim shall designate the healthcare provider or counselor to receive such information.

(c)    The results of any infectious disease test ordered under subsection (a) shall be disclosed to the law enforcement officer making such arrest, the arrested person, the victim, the parent or legal guardian of the victim and such other persons as the court determines have a legitimate need to know the test result in order to provide for their protection. The results of any infectious disease test ordered under subsection (b) shall be disclosed to the court which ordered the test, the convicted person and to the person designated under subsection (b) by the victim or victims of the crime or by the parent or legal guardian of a victim if the victim is a minor. If an infectious disease test ordered under this section results in a positive reaction, the results shall be reported to the secretary of health and environment and to the secretary of corrections.

(d)   The costs of any counseling and testing provided under this section shall be paid from amounts appropriated to the department of health and environment for that purpose. The court shall order the convicted person to pay restitution to the department of health and environment for the costs of any counseling provided under this section and the costs of any test ordered or otherwise performed under this section.

History: L. 1996, ch. 215, § 4; L. 2001, ch. 102, § 5; L. 2017, ch. 66, § 13; L. 2021, ch. 112, § 2; July 1.

65-6010. Same; withdrawal of blood; confidentiality of information; penalty.

(a)   When a court orders a person to submit to infectious disease tests under this act, the withdrawal of the blood may be performed only by: (1) A person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person; (2) a licensed professional nurse or a licensed practical nurse; or (3) a qualified medical technician. No person authorized by this subsection to withdraw blood, no person assisting in the performance of the infectious disease tests nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices.

(b)   The results of tests or reports, or information therein, obtained under this act shall be confidential and shall not be divulged to any person not authorized by this act to receive the same. Any violation of this subsection is a class C nonperson misdemeanor.

History: L. 1996, ch. 215, § 5; July 1.