An Act relating to HIV infection; amending K.S.A. 65-6003, 65-6005 and 65-6007 and

K.S.A. 1998 Supp. 65-6001, 65-6002 and 65-6004 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 65-6001 is hereby amended to read as
follows: 65-6001. As used in K.S.A. 65-6001 to 65-6007, inclusive, and
K.S.A. 1998 Supp. 65-6008, 65-6009 and 65-6010, and amendments
thereto, unless the context clearly requires otherwise:

      (a) "AIDS" means the disease acquired immune deficiency syn-
drome.

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

      (c) "Positive reaction to an AIDS test" means a positive screening
test, approved by the secretary, indicating infection by HIV, with a pos-
itive specific test as specified by the secretary comprising confirmed an-
alytical results which are evidence of HIV infection "Laboratory confir-
mation 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 pro-
fessional, administrative, organizational and educational duties of a lab-
oratory.

      (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 defined in subsections (f) and (g) of K.S.A. 75-5202, and
amendments thereto.

      (j) "Emergency services employee" means an attendant or first re-
sponder as defined under 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 employ-
ing a corrections officer, emergency services employee, law enforcement
employee or jailer.

      (m) "Infectious disease" means AIDS.

      (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
juvenile justice authority working in a juvenile correctional facility as de-
fined in K.S.A. 38-1602, and amendments thereto.

      Sec.  2. K.S.A. 1998 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, or the name
and former address of the deceased individual who had such disease. Any
laboratory director shall report all positive reactions to an AIDS test to
the secretary. Any physician who is in receipt of a report indicating a
positive reaction to a test for HIV infection laboratory confirmation of
HIV infection resulting from the examination of any specimen provided
to a laboratory by such physician shall report all such positive reactions
information to the secretary. Reports by physicians and laboratory direc-
tors shall be provided within one week of receipt or interpretation of the
positive test results 30 days of testing and shall designate 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. For the purpose of reporting HIV infection only, the name
of the patient shall not be reported. The provisions of this subsection shall
not apply to a physician who, while performing services, other than the
direct rendition of medical services, for an insurance company or health
maintenance organization becomes aware that a person has tested positive
for HIV or is suffering from or has died from AIDS.

      (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 residence
and racial/ethnic group, exposure category and pregnancy status of the
person tested.

      (b) (c) Any physician or laboratory director who reports the infor-
mation 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 or laboratory director shall
have the same immunity with respect to participation in any judicial pro-
ceeding resulting from such report.

      (c) (d) Information required to be reported under subsection (a) or
(b) and information obtained through laboratory tests conducted by the
department of health and environment relating to HIV or AIDS and per-
sons suffering therefrom or infected therewith shall be confidential and
shall not be disclosed or made public, upon subpoena or otherwise, be-
yond the disclosure necessary under subsection (a) or (b) or under sub-
section (a) of K.S.A. 65-6003 and amendments thereto or the usual re-
porting of laboratory test results to persons specifically designated by the
secretary as authorized to obtain such information, except such infor-
mation 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.

      (d) (e) Information regarding cases of AIDS or HIV infection re-
ported 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,
transportation, or for the provision of any other goods or services.

      Sec.  3. K.S.A. 65-6003 is hereby amended to read as follows: 65-
6003. (a) The secretary shall investigate cases of persons who have HIV
infection or AIDS and maintain a supervision over monitor such cases
during their continuance. The secretary may adopt and enforce rules and
regulations for the prevention and control of HIV infection or AIDS and
for such other matters relating to cases of persons who have AIDS as may
be necessary to protect the public health. The secretary shall adopt rules
and regulations for maintaining confidentiality of information under this
act which at a minimum are as strict as the centers for disease control
and prevention guidelines.

      (b) Any information relating to persons who have HIV infection or
AIDS which is required to be disclosed or communicated under subsec-
tion (a) shall be confidential and shall not be disclosed or made public
beyond the disclosure necessary under subsection (a) or under subsection
(a) of K.S.A. 65-6002 and amendments thereto to persons specifically
designated by the secretary as authorized to obtain such information,
except as otherwise permitted by subsection (c) (d) of K.S.A. 65-6002 and
amendments thereto.

      (c) The secretary may enter into agreements with any county or joint
board of health to perform duties required to be performed by the sec-
retary under subsection (a) as specified by such agreement. The confi-
dentiality requirements of subsection (b) shall apply to any duties per-
formed pursuant to such an agreement.

      Sec.  4. K.S.A. 1998 Supp. 65-6004 is hereby amended to read as
follows: 65-6004. (a) Notwithstanding any other law to the contrary, a
physician performing medical or surgical procedures on a patient who the
physician knows has an infectious disease or has had laboratory confir-
mation of a positive reaction to an infectious disease test may disclose
such information to other health care providers, emergency services em-
ployees, corrections officers or law enforcement employees who have
been or will be placed in contact with body fluids of such patient. The
information shall be confidential and shall not be disclosed by such health
care providers, emergency services employees, corrections officers or law
enforcement employees except as may be necessary in providing treat-
ment for such patient.

      (b) Notwithstanding any other law to the contrary, a physician who
has reason to believe that the spouse or partner of a person who has had
a positive reaction to an AIDS test laboratory confirmation of HIV infec-
tion or who has AIDS may have been exposed to HIV and is unaware of
such exposure may inform the spouse or partner of the risk of exposure.
The information shall be confidential and shall not be disclosed by such
spouse or partner to other persons except to the spouse or partner who
has had a positive reaction to an AIDS test laboratory confirmation of
HIV infection or who has AIDS.

      (c) Nothing in this section shall be construed to create a duty to warn
any person of possible exposure to HIV.

      (d) Any physician who discloses or fails to disclose information in
accordance with the provisions of this section in good faith and without
malice shall have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed in an action resulting from such dis-
closure. Any such physician shall have the same immunity with respect
to participation in any judicial proceeding resulting from such disclosure.

      Sec.  5. K.S.A. 65-6005 is hereby amended to read as follows: 65-
6005. Except as otherwise provided in this section, any person violating,
refusing or neglecting to obey any provision of K.S.A. 65-6001 through
65-6004, and amendments thereto, or of the rules and regulations adopted
by the secretary for the prevention and control of HIV infection or AIDS
shall be guilty of a class C misdemeanor. Any person who discloses in-
formation which is made confidential and prohibited from disclosure un-
der K.S.A. 65-6002 through 65-6004, and amendments thereto, shall be
guilty of a misdemeanor punishable by a fine of not less than $500 nor
more than $1,000 and by imprisonment in the county jail for not more
than six months.

      Sec.  6. K.S.A. 65-6007 is hereby amended to read as follows: 65-
6007. The secretary shall establish and maintain test sites throughout the
state where the anonymous testing for HIV may be undertaken including
anonymous testing. The secretary shall establish test sites throughout the
state so that an anonymous test site is available within 100 miles of any
resident of the state.

      New Sec.  7. On or before January 8, 2001, 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.
 
Sec.  8. K.S.A. 65-6003, 65-6005 and 65-6007 and K.S.A. 1998 Supp.
65-6001, 65-6002 and 65-6004 are hereby repealed.

      Sec.  9. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

HOUSE adopted
Conference Committee Report ______________________________

Passed the SENATE
     as amended ______________________________

SENATE adopted
Conference Committee Report ______________________________

APPROVED ______________________________