An  Act concerning emergency medical and trauma services; establishing an advisory com-
      mittee on trauma; establishing a trauma registry; providing for administration by the
      secretary of health and environment; amending K.S.A. 1998 Supp. 12-4117, 20-367 and
      28-172a and repealing the existing sections.


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

      New Section  1. As used in sections 1 to 8, inclusive, and amendments
thereto:

      (a) "Advisory committee" means the advisory committee on trauma
established under section 2 and amendments thereto.

      (b) "Council" means one of the regional trauma councils.

      (c) "Hospital" means a hospital as defined by K.S.A. 65-425, and
amendments thereto.

      (d) "Physician" means a person licensed by the state board of healing
arts to practice medicine and surgery.

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

      New Sec.  2. (a) There is hereby established an advisory committee
on trauma. The advisory committee on trauma shall be advisory to the
secretary of health and environment and shall be within the division of
health of the department of health and environment as a part thereof.

      (b) The advisory board shall be composed of 15 members represent-
ing both rural and urban areas of the state appointed as follows:

      (1) Three members shall be persons licensed in medicine and sur-
gery, two of whom shall be appointed by the governor from a list of six
who shall be nominated by the Kansas medical society and one of whom
shall be appointed by the governor from a list of three who shall be
nominated by the Kansas association of osteopathic medicine;

      (2) three members shall be representatives of hospitals appointed by
the governor from a list of six who shall be nominated by the Kansas
hospital association;

      (3) two members shall be licensed professional nurses specializing in
trauma care or emergency nursing appointed by the Kansas state nurses
association;

      (4) two members shall be attendants as defined in K.S.A. 65-6112
and amendments thereto who are on the roster of an ambulance service
permitted by the board of emergency medical services, one of whom shall
be appointed by the Kansas emergency medical services association and
one of whom shall be appointed by the Kansas emergency medical tech-
nician association;

      (5) one member shall be a representative of the department of health
and environment appointed by the secretary thereof;

      (6) one member shall be a representative of the board of emergency
medical services appointed by the board of emergency medical services;

      (7) one member shall be an administrator of an ambulance service
appointed by the governor from a list of four, two nominated by the
Kansas emergency medical technician association and two nominated by
the Kansas emergency medical services association; and

      (8) two legislators, one from the house of representatives and one
from the senate shall be members. The speaker of the house shall appoint
one member and the president of the senate shall appoint the other mem-
ber. The appointees from the legislature shall be from opposing political
parties.

      All members shall be residents of the state of Kansas. At least one
member appointed under paragraphs (4) and (7) of this subsection shall
be from a rural area. Appointments to the advisory committee shall be
made with due consideration that representation of the four congressional
districts of the state is ensured. Organizations under this section which
submit lists of names to the governor for appointment by the governor
from such lists to the advisory committee shall submit names of people
who reside in both rural and urban areas of the state.

      (c) Of the members first appointed to the advisory committee, five
shall be appointed for terms of one year, five for terms of two years, and
five for terms of three years. Thereafter, members shall be appointed for
terms of three years and until their successors are appointed and quali-
fied. In the case of a vacancy in the membership of the advisory com-
mittee, the vacancy shall be filled for the unexpired term. All members
appointed to fill vacancies in the membership of the advisory committee
and all members appointed to succeed members appointed to the advi-
sory committee shall be appointed in like manner as that provided for
the original appointment of the member succeeded.

      (d) The advisory committee shall meet at least four times annually
and at the call of the chairperson or at the request of any eight members
of the advisory committee. At the first meeting of the advisory committee
after January 1 each year, the members shall elect a chairperson and a
vice-chairperson who shall serve a term of one year. The vice-chairperson
shall exercise all of the powers of the chairperson in the absence of the
chairperson.

      (e) The first person appointed by the governor to the advisory com-
mittee shall call the first meeting of the advisory committee and shall
serve as temporary chairperson of the advisory committee until a chair-
person and vice-chairperson are elected by the advisory committee at
such meeting.

      (f) The advisory committee shall be advisory to the secretary of health
and environment on all matters relating to the implementation and ad-
ministration of this act.

      (g) Members of the advisory committee attending meetings of the
advisory committee or attending a subcommittee of the advisory com-
mittee or other authorized meeting of the advisory committee shall not
be paid compensation but shall be paid amounts provided in subsection
(e) of K.S.A. 75-3223 and amendments thereto.

      (h) The advisory committee shall make an interim report along with
any recommendations the advisory committee deems appropriate to the
committee on public health and welfare of the senate and to the com-
mittee on health and human services of the house of representatives on
or before January 10, 2000. The advisory committee shall make a final
report and recommendations, including recommendations about the ap-
propriate oversight of the trauma system and whether the advisory com-
mittee should be continued, to the committee on public health and wel-
fare of the senate and to the committee on health and human services of
the house of representatives on or before January 8, 2001.

      New Sec.  3. The secretary of health and environment, after consul-
tation with and consideration of recommendations from the advisory com-
mittee, shall:

      (a) Develop rules and regulations necessary to carry out the provi-
sions of this act;

      (b) develop a statewide trauma system plan including the establish-
ment of regional trauma councils, using the 1998 Kansas EMS-Trauma
Systems Plan study as a guide and not more restrictive than state law.
The secretary shall ensure that each council consist of at least six mem-
bers. Members of the councils shall consist of persons chosen for their
expertise in and commitment to emergency medical and trauma services.
Such members shall be chosen from the region and include prehospital
personnel, physicians, nurses and hospital personnel involved with the
emergency medical and trauma services and a representative of a county
health department. The plan should:

      (1) Maximize local and regional control over decisions relating to
trauma care;

      (2) minimize bureaucracy;

      (3) adequately protect the confidentiality of proprietary and personal
health information;

      (4) promote cost effectiveness;

      (5) encourage participation by groups affected by the system;

      (6) emphasize medical direction and involvement at all levels of the
system;

      (7) rely on accurate data as the basis for system planning and devel-
opment; and

      (8) facilitate education of health care providers in trauma care;

      (c) plan, develop and administer a trauma registry to collect and an-
alyze data on incidence, severity and causes of trauma and other pertinent
information which may be used to support the secretary's decision-mak-
ing and identify needs for improved trauma care;

      (d) provide all technical assistance to the regional councils as neces-
sary to implement the provisions of this act;

      (e) collect data elements for the trauma registry that are consistent
with the recommendations of the American college of surgeons commit-
tee on trauma and centers for disease control;

      (f) develop a phased-in implementation schedule for each component
of the trauma system, including the trauma registry, which considers the
additional burden placed on the emergency medical and trauma provid-
ers;

      (g) develop standard reports to be utilized by the regional trauma
councils and those who report data to the registry in performing their
functions;

      (h) assess the fiscal impact on all components of the trauma system,
and thereafter recommend other funding sources for the trauma system
and trauma registry;

      (i) prepare and submit an annual budget in accordance with the pro-
visions of this act. Such budget shall include costs for the provision of
technical assistance to the regional trauma councils and the cost of de-
veloping and maintaining the trauma registry and analyzing and reporting
on the data collected; and

      (j) enter into contracts as deemed necessary to carry out the duties
and functions of the secretary under this act.

      New Sec.  4. (a) The secretary of health and environment shall de-
velop and maintain a statewide trauma registry and consult with the health
care data governing board in developing the registry. All designated
trauma centers, prehospital trauma providers, designated trauma facilities
and acute medical care facilities that provide any service or care to or for
persons with trauma injury in this state shall collect and report to the
trauma registry data and information deemed appropriate by the secre-
tary, after consultation with the health care data governing board, to mon-
itor patient outcome.

      (b) The secretary is hereby authorized to collect data pertaining to
all trauma care occurring in Kansas. The secretary shall adopt rules and
regulations which use the most efficient, least intrusive means for col-
lecting the trauma care data consistent with ensuring the quality, timeli-
ness, completeness and confidentiality of the trauma registry.

      (c) Any health care provider, whether a person or institution, who
reports trauma information to the registry in good faith and without mal-
ice, in accordance with the requirements of this section, shall have im-
munity from any liability, civil or criminal, which might otherwise be
incurred or imposed in an action resulting from such report. Notwith-
standing K.S.A. 60-427 and amendments thereto, there shall be no priv-
ilege preventing the furnishing of such information or reports as required
by this act by any health care provider. Nothing in this section shall be
construed to apply to the unauthorized disclosure of confidential or priv-
ileged information when such disclosure is due to gross negligence or
willful misconduct.

      (d) The information obtained by the trauma registry, including dis-
cussions and activities using the information generated from the trauma
registry, shall be confidential and shall not be disclosed or made public,
upon subpoena or otherwise, except such information may be disclosed
if:

      (1) No person can be identified in the information to be disclosed
and the disclosure is for statistical purposes;

      (2) all persons who are identifiable in the information to be disclosed
consent in writing to its disclosure;

      (3) the disclosure is necessary, and only to the extent necessary, to
protect the public health, and does not identify providers or facilities; or

      (4) the information to be disclosed is required in a court proceeding
involving child abuse and the information is disclosed in camera.

      New Sec.  5. To aid the purposes of section 1 through section 4 and
amendments thereto, one of the documents given to the trauma patient
or responsible party accompanying the trauma patient shall contain a dis-
closure statement stating that nonidentifying data regarding the trauma
injury and trauma care may be reported to a central registry to facilitate
better prevention and care of trauma injuries.

      New Sec.  6. Nothing in the trauma system act shall limit a patient's
right to choose the physician, hospital, facility, rehabilitation center, spe-
cialty level burn or pediatric trauma center, or other provider of health
care services. Nothing in sections 1 to 8, inclusive, and amendments
thereto shall limit an individual's right to choose care in accordance with
a method of treatment which relies on spiritual means alone for healing.

      New Sec.  7. The statutes, rules and regulations and procedures shall
be consistent with the federal consolidated omnibus budget reconciliation
act of 1989, 42 U.S.C. § 1395cc (COBRA) and the emergency medical
treatment and active labor act, 42 U.S.C. § 1395dd (EMTALA).

      New Sec.  8. (a) There is hereby established in the state treasury the
trauma fund which shall be administered by the secretary of health and
environment. All moneys received from fees collected under K.S.A. 12-
4214 and 28-172a, and amendments thereto, for the purpose of financing
the activities and expenses of the secretary in administration of sections
1 to 8, inclusive, and amendments thereto, regional trauma councils, and
the trauma registry, shall be deposited in the state treasury and credited
to the trauma fund. All expenditures from the trauma fund shall be made
in accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the sec-
retary or by a person or persons designated by such secretary.

      (b) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the trauma fund
established in subsection (a) interest earnings based on:

      (1) The average daily balance of money in the trauma fund for the
preceding month; and

      (2) the net earnings rate of the pooled money investment portfolio
for the preceding month.

      Sec.  9. K.S.A. 1998 Supp. 12-4117 is hereby amended to read as
follows: 12-4117. (a) On and after July 1, 1996, in each case filed in
municipal court charging a criminal or public offense or charging an of-
fense defined to be a moving violation by rules and regulations adopted
pursuant to K.S.A. 8-249 and amendments thereto, where there is a find-
ing of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or
a diversion, a sum in an amount of $6 $7 shall be assessed and such
assessment shall be credited as follows:

      (1) During the period commencing July 1, 1996, and ending June 30,
1997, $1 to the local law enforcement training reimbursement fund es-
tablished pursuant to K.S.A. 74-5620 and amendments thereto, $4 to the
law enforcement training center fund established pursuant to K.S.A. 74-
5619 and amendments thereto, $.50 to the protection from abuse fund
established pursuant to K.S.A. 74-7325 and amendments thereto and $.50
to the crime victims assistance fund established pursuant to K.S.A. 74-
7334 and amendments thereto; and

      (2) on and after July 1, 1997, $1 to the local law enforcement training
reimbursement fund established pursuant to K.S.A. 74-5620 and amend-
ments thereto, $2 to the law enforcement training center fund established
pursuant to K.S.A. 74-5619 and amendments thereto, $2 to the juvenile
detention facilities fund established pursuant to K.S.A. 79-4803 and
amendments thereto to be expended for operational costs of facilities for
the detention of juveniles, $.50 to the protection from abuse fund estab-
lished pursuant to K.S.A. 74-7325 and amendments thereto and $.50 to
the crime victims assistance fund established pursuant to K.S.A. 74-7334
and amendments thereto.; and

      (3) on and after July 1, 1999, $1 to the trauma fund established pur-
suant to section 8, and amendments thereto.

      (b) The judge or clerk of the municipal court shall remit at least
monthly the appropriate assessments received pursuant to this section to
the state treasurer for deposit in the state treasury to the credit of the
local law enforcement training reimbursement fund, the law enforcement
training center fund, the juvenile detention facilities fund and, the crime
victims assistance fund and the trauma fund as provided in this section.

      (c) For the purpose of determining the amount to be assessed ac-
cording to this section, if more than one complaint is filed in the municipal
court against one individual arising out of the same incident, all such
complaints shall be considered as one case.

      Sec.  10. K.S.A. 1998 Supp. 20-367 is hereby amended to read as
follows: 20-367. Of the remittance of the balance of docket fees received
monthly by the state treasurer from clerks of the district court pursuant
to subsection (f) of K.S.A. 20-362, and amendments thereto, the state
treasurer shall deposit and credit to the access to justice fund, a sum
equal to 6.94% 6.78% of the remittances of docket fees; to the juvenile
detention facilities fund, a sum equal to 4.45% 4.35% of the remittances
of docket fees; to the judicial branch education fund, the state treasurer
shall deposit and credit a sum equal to 3.42% 3.34% of the remittances
of docket fees; to the crime victims assistance fund, the state treasurer
shall deposit and credit a sum equal to .92% .9% of the remittances of
the docket fees; to the protection from abuse fund, the state treasurer
shall deposit and credit a sum equal to 2.75% 2.68% of the remittances
of the docket fees; to the judiciary technology fund, the state treasurer
shall deposit and credit a sum equal to 6.93% 6.77% of the remittances
of docket fees; to the dispute resolution fund, the state treasurer shall
deposit and credit a sum equal to .57% .56% of the remittances of docket
fees; to the Kansas endowment for youth trust fund, the state treasurer
shall deposit and credit a sum equal to 2.03% 1.98% of the remittances
of docket fees; and to the permanent families account in the family and
children investment fund, the state treasurer shall deposit and credit a
sum equal to .33% .32% of the remittances of docket fees; and to the
trauma fund, a sum equal to 2.34% of the remittance of docket fees. The
balance remaining of the remittances of docket fees shall be deposited
and credited to the state general fund.

      Sec.  11. K.S.A. 1998 Supp. 28-172a is hereby amended to read as
follows: 28-172a. (a) Except as otherwise provided in this section, when-
ever the prosecuting witness or defendant is adjudged to pay the costs in
a criminal proceeding in any county, a docket fee shall be taxed as follows:

      On and after July 1, 1998:

      (b) (1) Except as provided in paragraph (2), in actions involving the
violation of any of the laws of this state regulating traffic on highways
(including those listed in subsection (c) of K.S.A. 8-2118, and amend-
ments thereto), a cigarette or tobacco infraction, any act declared a crime
pursuant to the statutes contained in chapter 32 of Kansas Statutes An-
notated and amendments thereto or any act declared a crime pursuant
to the statutes contained in article 8 of chapter 82a of the Kansas Statutes
Annotated, and amendments thereto, whenever the prosecuting witness
or defendant is adjudged to pay the costs in the action, a docket fee of
$45 shall be charged. When an action is disposed of under subsections
(a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and
amendments thereto, whether by mail or in person, the docket fee to be
paid as court costs shall be $45.

      (2) In actions involving the violation of a moving traffic violation un-
der K.S.A. 8-2118, and amendments thereto, as defined by rules and reg-
ulations adopted under K.S.A. 8-249, and amendments thereto, whenever
the prosecuting witness or defendant is adjudged to pay the costs in the
action, a docket fee of $46 shall be charged. When an action is disposed
of under subsection (a) and (b) of K.S.A. 8-2118, and amendments thereto,
whether by mail or in person, the docket fee to be paid as court costs shall
be $46.

      (c) If a conviction is on more than one count, the docket fee shall be
the highest one applicable to any one of the counts. The prosecuting
witness or defendant, if assessed the costs, shall pay only one fee. Multiple
defendants shall each pay one fee.

      (d) Statutory charges for law library funds, the law enforcement train-
ing center fund, the prosecuting attorneys' training fund, the juvenile
detention facilities fund, the judicial branch education fund, the emer-
gency medical services operating fund and the judiciary technology fund
shall be paid from the docket fee; the family violence and child abuse and
neglect assistance and prevention fund fee shall be paid from criminal
proceedings docket fees. All other fees and expenses to be assessed as
additional court costs shall be approved by the court, unless specifically
fixed by statute. Additional fees shall include, but are not limited to, fees
for Kansas bureau of investigation forensic or laboratory analyses, fees for
detention facility processing pursuant to K.S.A. 1998 Supp. 12-16,119,
and amendments thereto, fees for the sexual assault evidence collection
kit, fees for conducting an examination of a sexual assault victim, fees for
service of process outside the state, witness fees, fees for transcripts and
depositions, costs from other courts, doctors' fees and examination and
evaluation fees. No sheriff in this state shall charge any district court of
this state a fee or mileage for serving any paper or process.

      (e) In each case charging a violation of the laws relating to parking
of motor vehicles on the statehouse grounds or other state-owned or
operated property in Shawnee county, Kansas, as specified in K.S.A. 75-
4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and
amendments thereto, the clerk shall tax a fee of $2 which shall constitute
the entire costs in the case, except that witness fees, mileage and expenses
incurred in serving a warrant shall be in addition to the fee. Appearance
bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend-
ments thereto, shall be $3, unless a warrant is issued. The judge may
order the bond forfeited upon the defendant's failure to appear, and $2
of any bond so forfeited shall be regarded as court costs.

 Sec.  12. K.S.A. 1998 Supp. 12-4117, 20-367 and 28-172a are hereby
repealed.

 Sec.  13. 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
SENATE, and passed that body

____________________________________

SENATE concurred in
HOUSE amendments ______________________________

Passed the HOUSE
     as amended ______________________________

APPROVED ______________________________