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Session of 2000
          HOUSE BILL No. 2886           By Committee on Health and Human Services           2-8          

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  9             AN  ACT concerning occupational therapists; licensure thereof; amend-
10             ing K.S.A. 65-5402, 65-5405, 65-5406, 65-5407, 65-5410, 65-5412 and
11             65-5414 and K.S.A. 1999 Supp. 65-1501, 65-5408, 65-5409, 65-4915
12             and 65-4921 and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 65-5402 is hereby amended to read as follows: 65-
16       5402. As used in K.S.A. 65-5401 to 65-5417, inclusive:
17             (a) "Board" means the state board of healing arts.
18             (b) "Occupational therapy" is a health care profession whose practi-
19       tioners, other than occupational therapy practitioners working with the
20       educationally handicapped in a school system, are employed under the
21       supervision of a physician and whose practitioners provide therapy, re-
22       habilitation, diagnostic evaluation, care and education of individuals who
23       are limited by physical injury or illness, psychosocial dysfunction, devel-
24       opmental or learning disabilities or the aging process in order to maximize
25       independence, prevent disability and maintain health. Specific occupa-
26       tional therapy services include:
27             (1) Administering and interpreting tests necessary for effective treat-
28       ment planning;
29             (2) developing self-care and daily living skills such as feeding, dress-
30       ing, hygiene and homemaking;
31             (3) designing, fabricating, applying or training, or any combination
32       thereof, in the use of selected orthotics, upper extremity prosthetics or
33       adaptive equipment;
34             (4) developing sensory integrative skills and functioning;
35             (5) using therapeutic activity and exercise to enhance functional or
36       motor performance, or both;
37             (6) developing prevocational/vocational work capacities and play/lei-
38       sure skills; and
39             (7) adapting environment for the disabled.
40             (b) "Practice of occupational therapy" means the therapeutic use of
41       purposeful and meaningful occupations (goal-directed activities) to eval-
42       uate and treat referred individuals who have a disease or disorder, im-
43       pairment, activity limitation or participation restriction that interferes

2
  1       with their ability to function independently in daily life roles and to pro-
  2       mote health and wellness. Occupational therapy intervention may include:
  3             (1) Remediation or restoration of performance abilities that are lim-
  4       ited due to impairment in biological, physiological, psychological or neu-
  5       rological processes;
  6             (2) adaptation of tasks process, or the environment or the teaching of
  7       compensatory techniques in order to enhance performance;
  8             (3) disability prevention methods and techniques that facilitate the
  9       development or safe application of performance skills; and
10             (4) health promotion strategies and practices that enhance perform-
11       ance abilities.
12             (c) "Occupational therapy services" include, but are not limited to:
13             (1) Evaluating, developing, improving, sustaining, or restoring skills
14       in activities of daily living (ADL), work or productive activities, including
15       instrumental activities of daily living (IADL) and play and leisure
16       activities;
17             (2) evaluating, developing, remediating, or restoring sensorimotor,
18       cognitive or psychosocial components of performance;
19             (3) designing, fabricating, applying, or training in the use of assistive
20       technology or orthotic devices and training in the use of prosthetic devices;
21             (4) adapting environments and processes, including the application
22       of ergonomic principles, to enhance performance and safety in daily life
23       roles;
24             (5) applying physical agent modalities as an adjunct to or in prepa-
25       ration for engagement in occupations;
26             (6) evaluating and providing intervention in collaboration with the
27       client, family, caregiver or others;
28             (7) educating the client, family, caregiver or others in carrying out
29       appropriate nonskilled interventions; and
30             (8) consulting with groups, programs, organizations or communities
31       to provide population-based services.
32             (c) (d) "Occupational therapist" means a person registered licensed
33       to practice occupational therapy as defined in this act.
34             (d) (e) "Occupational therapy assistant" means a person registered
35       licensed to assist in the practice of occupational therapy under the su-
36       pervision or with the consultation of an occupational therapist.
37             (e) (f) "Person" means any individual, partnership, unincorporated
38       organization or corporation.
39             (f) (g) "Physician" means a person licensed to practice medicine and
40       surgery.
41             Sec.  2. K.S.A. 65-5405 is hereby amended to read as follows: 65-
42       5405. The board shall pass upon the qualifications of all applicants for
43       examination and registration licensure, provide for and conduct all ex-

3
  1       aminations, determine the applicants who successfully pass the exami-
  2       nation, duly register license such applicants and adopt rules and regula-
  3       tions as may be necessary to administer the provisions of this act. The
  4       board shall keep a record of all proceedings under this act and a roster
  5       of all individuals registered licensed under this act. Only an individual
  6       may be registered licensed under this act.
  7             Sec.  3. K.S.A. 65-5406 is hereby amended to read as follows: 65-
  8       5406. (a) An applicant applying for registration licensure as an occupa-
  9       tional therapist or as an occupational therapy assistant shall file a written
10       application on forms provided by the board, showing to the satisfaction
11       of the board that the applicant meets the following requirements:
12             (1) Education: The applicant shall present evidence satisfactory to the
13       board of having successfully completed the academic requirements of an
14       educational program in occupational therapy recognized by the board.
15             (2) Experience: The applicant shall submit to the board evidence of
16       having successfully completed a period of supervised field work at a min-
17       imum recognized by the board.
18             (3) Examination: The applicant shall pass an examination as provided
19       for in K.S.A. 65-5407 and amendments thereto.
20             (4) Fees: The applicants shall pay to the board all applicable fees
21       established under K.S.A. 65-5409 and amendments thereto.
22             (b) The board shall adopt rules and regulations establishing the cri-
23       teria which an educational program in occupational therapy shall satisfy
24       to be recognized by the board under paragraph (1) of subsection (a). The
25       board may send a questionnaire developed by the board to any school or
26       other entity conducting an educational program in occupational therapy
27       for which the board does not have sufficient information to determine
28       whether the program should be recognized by the board and whether the
29       program meets the rules and regulations adopted under this section. The
30       questionnaire providing the necessary information shall be completed and
31       returned to the board in order for the program to be considered for
32       recognition. The board may contract with investigative agencies, com-
33       missions or consultants to assist the board in obtaining information about
34       an educational program in occupational therapy. In entering such con-
35       tracts the authority to recognize an educational program in occupational
36       therapy shall remain solely with the board.
37             Sec.  4. K.S.A. 65-5407 is hereby amended to read as follows: 65-
38       5407. (a) Each applicant for registration licensure under this act shall be
39       examined by written examination required by the board to test the ap-
40       plicant's knowledge of the basic and clinical sciences relating to occupa-
41       tional therapy, and occupational therapy theory and practice, including
42       the applicant's professional skills and judgment in the utilization of oc-
43       cupational therapy techniques and methods, and such other subjects as

4
  1       the board may deem useful to determine the applicant's fitness to prac-
  2       tice. The board shall approve an examination for occupational therapy
  3       assistants and establish standards for acceptable performance.
  4             (b) Applicants for registration licensure shall be examined at a time
  5       and place and under such supervision as the board may determine. Ex-
  6       aminations shall be given at least twice each year at such places within
  7       this state as the board may determine and the board shall give reasonable
  8       public notice of such examinations at least 60 days prior to their
  9       administration.
10             (c) Applicants may obtain their examination scores.
11             Sec.  5. K.S.A. 1999 Supp. 65-5408 is hereby amended to read as
12       follows: 65-5408. (a) The board shall waive the examination, education
13       and experience requirements and grant registration to any person who
14       applies for registration on or before July 1, 1987, who pays the application
15       fee and who was certified prior to the effective date of this act as an
16       occupational therapist registered (O.T.R.) or a certified occupational ther-
17       apy assistant (C.O.T.A.) by the American occupational therapy association
18       (A.O.T.A.) or who has been employed as an occupational therapist for
19       the purpose of providing occupational therapy for at least two years within
20       the three-year period immediately prior to the effective date of this act.
21       (b) The board may waive the examination, education or experience
22       requirements and grant registration licensure to any applicant who shall
23       present presents proof of current licensure or registration as an occupa-
24       tional therapist or occupational therapy assistant in another state, the
25       District of Columbia or territory of the United States which requires
26       standards for licensure or registration determined by the board to be
27       equivalent to or exceed the requirements for registration licensure under
28       this act.
29             (c) (b) At the time of making an application under this section, the
30       applicant shall pay to the board the application fee as required under
31       K.S.A. 65-5409 and amendments thereto.
32             (d) (c) The board may issue a temporary registration license to an
33       applicant for registration licensure as an occupational therapist or as an
34       occupational therapy assistant who applies for temporary registration li-
35       censure on a form provided by the board, who meets the requirements
36       for registration licensure or who meets all the requirements for registra-
37       tion licensure except examination and who pays to the board the tem-
38       porary registration license fee as required under K.S.A. 65-5409 and
39       amendments thereto. Such temporary registration license shall expire one
40       year from the date of issue or on the date that the board approves the
41       application for registration licensure, whichever occurs first. No more
42       than one such temporary registration license shall be permitted to any
43       one person.

5
  1             Sec.  6. K.S.A. 1999 Supp. 65-5409 is hereby amended to read as
  2       follows: 65-5409. (a) The board shall charge and collect in advance fees
  3       provided for in this act as fixed by the board by rules and regulations,
  4       subject to the following limitations:

5	Application fee, not more than	$80
6	Temporary registration fee, not more than	40
7	Registration renewal fee, not more than	80
8	Registration late renewal fee, not more than	80
9	Registration reinstatement fee, not more than	80
10	Certified copy of registration, not more than	40
11	Written verification of registration, not more than	25
12	Temporary license fee, not more than	40
13	License renewal fee, not more than	80
14	License late renewal fee, not more than	80
15	License reinstatement fee, not more than	80
16	Certified copy of license, not more than	40
17	Written verification of license, not more than	25

18             (b) The board shall charge and collect in advance fees for any ex-
19       amination administered by the board under the occupational therapy
20       practice act as fixed by the board by rules and regulations in an amount
21       equal to the cost to the board of the examination. If the examination is
22       not administered by the board, the board may require that fees paid for
23       any examination under the occupational therapy practice act be paid di-
24       rectly to the examination service by the person taking the examination.
25             Sec.  7. K.S.A. 65-5410 is hereby amended to read as follows: 65-
26       5410. (a) The board may deny, refuse to renew, suspend or revoke a
27       registration license where the registrant licensee or applicant for registra-
28       tion licensure has been guilty of unprofessional conduct which has en-
29       dangered or is likely to endanger the health, welfare or safety of the
30       public. Unprofessional conduct includes:
31             (1) Obtaining a registration license by means of fraud, misrepresen-
32       tation or concealment of material facts;
33             (2) being guilty of unprofessional conduct as defined by rules and
34       regulations adopted by the board;
35             (3) being convicted of a felony if the acts for which such person was
36       convicted are found by the board to have a direct bearing on whether
37       such person should be entrusted to serve the public in the capacity of an
38       occupational therapist or occupational therapy assistant;
39             (4) violating any lawful order or rule and regulation of the board; and
40             (5) violating any provision of this act.
41             (b) Such denial, refusal to renew, suspension or revocation of a reg-
42       istration license may be ordered by the board after notice and hearing on
43       the matter in accordance with the provisions of the Kansas administrative

6
  1       procedure act. Upon the end of the period of time established by the
  2       board for the revocation of registration a license, application may be made
  3       to the board for reinstatement. The board shall have discretion to accept
  4       or reject an application for reinstatement and may hold a hearing to con-
  5       sider such reinstatement.
  6             Sec.  8. K.S.A. 65-5412 is hereby amended to read as follows: 65-
  7       5412. (a) Registrations Licenses issued under this act shall be effective
  8       for a period of one year and shall expire at the end of such period of time
  9       unless renewed in the manner prescribed by the board, upon the payment
10       of the registration license renewal fee established under K.S.A. 65-5409
11       and amendments thereto. The board may establish additional require-
12       ments for licensure or registration renewal which provide evidence of
13       continued competency. The board may provide for the late licensure or
14       renewal of a license or registration upon the payment of a late fee estab-
15       lished under K.S.A. 65-5409 and amendments thereto, but no such late
16       renewal of a license or registration may be granted more than five years
17       after its expiration.
18             (b) A person whose license or registration is suspended shall not en-
19       gage any conduct or activity in violation of the order or judgment by which
20       the license or registration was suspended. If a license or registration re-
21       voked on disciplinary grounds is reinstated, the licensee or registrant, as
22       a condition of reinstatement, shall pay the renewal fee and any late fee
23       that may be applicable.
24             Sec.  9. K.S.A. 65-5414 is hereby amended to read as follows: 65-
25       5414. (a) On and after July 1, 1987, It shall be unlawful for any person
26       who is not registered licensed under this act as an occupational therapist
27       or an occupational therapy assistant or whose registration license has been
28       suspended or revoked to use, in connection with such person's name or
29       place of business, the words "occupational therapist," "registered licensed
30       occupational therapist," "occupational therapist registered licensed," "oc-
31       cupational therapy assistant," "registered licensed occupational therapy
32       assistant," or the letters, "O.T.," "R.O.T. L.O.T.," "O.T.R. O.T.L.,"
33       "O.T.A." or "R.O.T.A. L.O.T.A." or any other words, letters, abbrevia-
34       tions or insignia indicating or implying that such person is an occupational
35       therapist or an occupational therapy assistant or who in any way, orally,
36       in writing, in print or by sign, directly or by implication, represents oneself
37       as an occupational therapist or an occupational therapy assistant.
38             (b) Any violation of this section shall constitute a class C misde-
39       meanor.
40             New Sec.  10. (a) Nothing in the occupational therapy practice act is
41       intended to limit, preclude or otherwise interfere with the practices of
42       other health care providers formally trained and licensed, registered, cre-
43       dentialed or certified by appropriate agencies of the state of Kansas.

7
  1             (b) The practice of occupational therapy shall not be construed to
  2       include the following individuals:
  3             (1) Persons rendering assistance in the case of an emergency;
  4             (2) members of any church practicing their religious tenets;
  5             (3) persons whose services are performed pursuant to the delegation
  6       of and under the supervision of an occupational therapist who is licensed
  7       under this act;
  8             (4) any person employed as an occupational therapist or occupational
  9       therapy assistant by the government of the United States or any agency
10       thereof, if such person practices occupational therapy solely under the
11       direction or control of the organization by which such person is employed;
12             (5) licensees under the healing arts act when licensed and practicing
13       in accordance with the provisions of law or persons performing services
14       pursuant to a delegation authorized under subsection (g) of K.S.A. 65-
15       2872 and amendments thereto;
16             (6) dentists practicing their professions, when licensed and practicing
17       in accordance with the provisions of law;
18             (7) nurses practicing their professions, when licensed and practicing
19       in accordance with the provisions of law or persons performing services
20       pursuant to the delegation of a licensed nurse under subsection (m) of
21       K.S.A. 65-1124 and amendments thereto;
22             (8) health care providers who have been formally trained and are
23       practicing in accordance with the training or have received specific train-
24       ing in one or more functions included in the occupational therapy practice
25       act pursuant to established educational protocols, or both;
26             (9) any person pursuing a supervised course of study leading to a
27       degree or certificate in occupational therapy at an accredited or approved
28       educational program, if the person is designated by the title which clearly
29       indicates such person's status as a student or trainee;
30             (10) any person fulfilling the supervised fieldwork experience
31       requirements as part of the experience necessary to meet the requirement
32       of the occupational therapy practice act;
33             (11) self-care by a patient or gratuitous care by a friend or family
34       member who does not represent or hold oneself out to the public to be
35       an occupational therapist or an occupational therapy assistant;
36             (12) optometrists practicing their profession when licensed and prac-
37       ticing in accordance with the provisions of article 15 of chapter 65 of the
38       Kansas Statutes Annotated and amendments thereto;
39             (13) podiatrists practicing their profession when licensed and prac-
40       ticing in accordance with the provisions of article 15 of chapter 65 of the
41       Kansas Statutes Annotated and amendments thereto;
42             (14) physical therapists practicing their profession when registered
43       and practicing in accordance with K.S.A. 65-2901 et seq. and amendments

8
  1       thereto;
  2             (15) physicians' assistants practicing their profession when registered
  3       and practicing in accordance with K.S.A. 65-2896 et seq. and amendments
  4       thereto;
  5             (16) athletic trainers practicing their profession when registered and
  6       practicing in accordance with the athletic trainers registration act;
  7             (17) any person performing occupational therapy services, if these
  8       services are performed for no more than 45 days in a calendar year in
  9       association with an occupational therapist licensed under the occupational
10       therapy practice act so long as (A) the person is registered or licensed
11       under the laws of another state which has licensure requirements at least
12       as stringent as the licensure requirements of this act, or (B) the person
13       meets the requirements for certification as an occupational therapist reg-
14       istered (OTR) or a certified occupational therapy assistant (COTA) es-
15       tablished by the national board for certification in occupational therapy
16       (NBCOT).
17             (b) Any patient monitoring, assessment or other procedures designed
18       to evaluate the effectiveness of prescribed occupational therapy must be
19       performed by or pursuant to the delegation of a licensed occupational
20       therapist or other health care provider.
21             (c) Nothing in the occupational therapy practice act shall be con-
22       strued to permit the practice of medicine and surgery. No statute granting
23       authority to licensees of the state board of healing arts shall be construed
24       to confer authority upon occupational therapists to engage in any activity
25       not conferred by the occupational therapy practice act.
26             (d) This section shall be part of and supplemental to the occupational
27       therapy practice act.
28             New Sec.  11. (a) Any person holding a valid registration as an oc-
29       cupational therapist immediately prior to the effective date of this act
30       which has been issued by the state board of healing arts shall be deemed
31       to be a licensed occupational therapist and shall be subject to the provi-
32       sions of article 54 of chapter 65 of the Kansas Statutes Annotated.
33             (b) Any person holding a valid registration as an occupational therapy
34       assistant immediately prior to the effective date of this act which has been
35       issued by the state board of healing arts shall be deemed to be a licensed
36       occupational therapist and shall be subject to the provisions of article 54
37       of chapter 65 of the Kansas Statutes Annotated.
38             (c) This section shall be part of and supplemental to the occupational
39       therapy practice act.
40             Sec.  12. K.S.A. 1999 Supp. 65-1501 is hereby amended to read as
41       follows: 65-1501. (a) The practice of optometry means:
42             (1) The examination of the human eye and its adnexae and the em-
43       ployment of objective or subjective means or methods (including the ad-

9
  1       ministering, prescribing or dispensing, of topical pharmaceutical drugs)
  2       for the purpose of diagnosing the refractive, muscular, or pathological
  3       condition thereof;
  4             (2) the prescribing or adapting of lenses (including any ophthalmic
  5       lenses which are classified as drugs by any law of the United States or of
  6       this state), prisms, low vision rehabilitation services, orthoptic exercises
  7       and visual training therapy for the relief of any insufficiencies or abnormal
  8       conditions of the human eye and its adnexae; and
  9             (3) except as otherwise limited by this section, the prescribing, ad-
10       ministering or dispensing of topical pharmaceutical drugs and oral drugs
11       for the examination, diagnosis and treatment of any insufficiencies or
12       abnormal conditions of the human eye and its adnexae.
13             (b) The practice of optometry shall not include: (1) The management
14       and treatment of glaucoma, except as provided in subsection (d); (2) the
15       performance of surgery, including the use of lasers for surgical purposes,
16       except that therapeutic licensees may remove superficial foreign bodies
17       from the cornea and the conjunctiva; (3) the use of topical pharmaceutical
18       drugs by a person licensed to practice optometry unless such person suc-
19       cessfully meets the requirements of a diagnostic licensee or a therapeutic
20       licensee; and (4) the prescribing, administering and dispensing of oral
21       drugs for ocular conditions by a person licensed to practice optometry
22       unless such person successfully meets the requirements of a therapeutic
23       licensee, except that such therapeutic licensee may prescribe or admin-
24       ister oral steroids or oral antiglaucoma drugs for ocular conditions follow-
25       ing consultation with an ophthalmologist, which consultation shall be
26       noted in writing in the patient's file. No optometrist may prescribe or
27       administer oral drugs to persons less than six years of age.
28             (c) A therapeutic licensee certified to treat adult open-angle glau-
29       coma as provided herein shall be held to a standard of care in the use of
30       such agents in diagnosis and treatment commensurate to that of a person
31       licensed to practice medicine and surgery, who exercises that degree of
32       skill and proficiency commonly exercised by an ordinary, skillful, careful
33       and prudent person licensed to practice medicine and surgery.
34             (d) An optometrist may prescribe, administer and dispense topical
35       pharmaceutical drugs and oral drugs for the treatment of adult open-
36       angle glaucoma only following glaucoma licensure as provided in subsec-
37       tion (l) of K.S.A. 65-1501a and amendments thereto. After the initial
38       diagnosis of adult open-angle glaucoma, by an optometrist during the co-
39       management period described in subsection (s) of K.S.A. 65-1501a and
40       amendments thereto, the patient shall be notified that the diagnosis must
41       be confirmed by an ophthalmologist and that any subsequent treatment
42       requires a written co-management plan with an ophthalmologist of the
43       patient's choice.

10
  1             (e) Under the direction and supervision of a therapeutic licensee, a
  2       licensed professional nurse, licensed practical nurse, registered physical
  3       therapist and registered licensed occupational therapist may assist in the
  4       provision of low vision rehabilitation services in addition to such other
  5       services which such licensed professional nurse, licensed practical nurse,
  6       registered physical therapist and registered licensed occupational thera-
  7       pist is authorized by law to provide under subsection (d) of K.S.A. 65-
  8       1113, subsection (h) of K.S.A. 65-1124, subsection (b) of K.S.A. 65-2901
  9       and subsection (b) of K.S.A. 65-5402, and amendments thereto.
10             Sec.  13. K.S.A. 1999 Supp. 65-4915 is hereby amended to read as
11       follows: 65-4915. (a) As used in this section:
12             (1) "Health care provider" means: (A) Those persons and entities
13       defined as a health care provider under K.S.A. 40-3401 and amendments
14       thereto; and (B) a dentist licensed by the Kansas dental board, a dental
15       hygienist licensed by the Kansas dental board, a professional nurse li-
16       censed by the board of nursing, a practical nurse licensed by the board
17       of nursing, a mental health technician licensed by the board of nursing,
18       a physical therapist assistant certified by the state board of healing arts,
19       an occupational therapist registered licensed by the state board of healing
20       arts, an occupational therapy assistant registered licensed by the state
21       board of healing arts, a respiratory therapist licensed by the state board
22       of healing arts, a physician's assistant registered by the state board of
23       healing arts and attendants and ambulance services certified by the emer-
24       gency medical services board.
25             (2) "Health care provider group" means:
26             (A) A state or local association of health care providers or one or more
27       committees thereof;
28             (B) the board of governors created under K.S.A. 40-3403 and amend-
29       ments thereto;
30             (C) an organization of health care providers formed pursuant to state
31       or federal law and authorized to evaluate medical and health care services;
32             (D) a review committee operating pursuant to K.S.A. 65-2840b
33       through 65-2840d, and amendments thereto;
34             (E) an organized medical staff of a licensed medical care facility as
35       defined by K.S.A. 65-425 and amendments thereto, an organized medical
36       staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and
37       amendments thereto or an organized medical staff of a state psychiatric
38       hospital or state institution for the mentally retarded, as follows: Larned
39       state hospital, Osawatomie state hospital, Rainbow mental health facility,
40       Kansas neurological institute and Parsons state hospital and training cen-
41       ter;
42             (F) a health care provider;
43             (G) a professional society of health care providers or one or more

11
  1       committees thereof;
  2             (H) a Kansas corporation whose stockholders or members are health
  3       care providers or an association of health care providers, which corpora-
  4       tion evaluates medical and health care services; or
  5             (I) an insurance company, health maintenance organization or ad-
  6       ministrator of a health benefits plan which engages in any of the functions
  7       defined as peer review under this section.
  8             (3) "Peer review" means any of the following functions:
  9             (A) Evaluate and improve the quality of health care services rendered
10       by health care providers;
11             (B) determine that health services rendered were professionally in-
12       dicated or were performed in compliance with the applicable standard of
13       care;
14             (C) determine that the cost of health care rendered was considered
15       reasonable by the providers of professional health services in this area;
16             (D) evaluate the qualifications, competence and performance of the
17       providers of health care or to act upon matters relating to the discipline
18       of any individual provider of health care;
19             (E) reduce morbidity or mortality;
20             (F) establish and enforce guidelines designed to keep within reason-
21       able bounds the cost of health care;
22             (G) conduct of research;
23             (H) determine if a hospital's facilities are being properly utilized;
24             (I) supervise, discipline, admit, determine privileges or control mem-
25       bers of a hospital's medical staff;
26             (J) review the professional qualifications or activities of health care
27       providers;
28             (K) evaluate the quantity, quality and timeliness of health care serv-
29       ices rendered to patients in the facility;
30             (L) evaluate, review or improve methods, procedures or treatments
31       being utilized by the medical care facility or by health care providers in
32       a facility rendering health care.
33             (4) "Peer review officer or committee" means:
34             (A) An individual employed, designated or appointed by, or a com-
35       mittee of or employed, designated or appointed by, a health care provider
36       group and authorized to perform peer review; or
37             (B) a health care provider monitoring the delivery of health care at
38       correctional institutions under the jurisdiction of the secretary of correc-
39       tions.
40             (b) Except as provided by K.S.A. 60-437 and amendments thereto
41       and by subsections (c) and (d), the reports, statements, memoranda, pro-
42       ceedings, findings and other records submitted to or generated by peer
43       review committees or officers shall be privileged and shall not be subject

12
  1       to discovery, subpoena or other means of legal compulsion for their re-
  2       lease to any person or entity or be admissible in evidence in any judicial
  3       or administrative proceeding. Information contained in such records shall
  4       not be discoverable or admissible at trial in the form of testimony by an
  5       individual who participated in the peer review process. The peer review
  6       officer or committee creating or initially receiving the record is the holder
  7       of the privilege established by this section. This privilege may be claimed
  8       by the legal entity creating the peer review committee or officer, or by
  9       the commissioner of insurance for any records or proceedings of the
10       board of governors.
11             (c) Subsection (b) shall not apply to proceedings in which a health
12       care provider contests the revocation, denial, restriction or termination
13       of staff privileges or the license, registration, certification or other au-
14       thorization to practice of the health care provider. A licensing agency in
15       conducting a disciplinary proceeding in which admission of any peer re-
16       view committee report, record or testimony is proposed shall hold the
17       hearing in closed session when any such report, record or testimony is
18       disclosed. Unless otherwise provided by law, a licensing agency conduct-
19       ing a disciplinary proceeding may close only that portion of the hearing
20       in which disclosure of a report or record privileged under this section is
21       proposed. In closing a portion of a hearing as provided by this section,
22       the presiding officer may exclude any person from the hearing location
23       except the licensee, the licensee's attorney, the agency's attorney, the
24       witness, the court reporter and appropriate staff support for either coun-
25       sel. The licensing agency shall make the portions of the agency record in
26       which such report or record is disclosed subject to a protective order
27       prohibiting further disclosure of such report or record. Such report or
28       record shall not be subject to discovery, subpoena or other means of legal
29       compulsion for their release to any person or entity. No person in at-
30       tendance at a closed portion of a disciplinary proceeding shall at a sub-
31       sequent civil, criminal or administrative hearing, be required to testify
32       regarding the existence or content of a report or record privileged under
33       this section which was disclosed in a closed portion of a hearing, nor shall
34       such testimony be admitted into evidence in any subsequent civil, crim-
35       inal or administrative hearing. A licensing agency conducting a discipli-
36       nary proceeding may review peer review committee records, testimony
37       or reports but must prove its findings with independently obtained tes-
38       timony or records which shall be presented as part of the disciplinary
39       proceeding in open meeting of the licensing agency. Offering such tes-
40       timony or records in an open public hearing shall not be deemed a waiver
41       of the peer review privilege relating to any peer review committee testi-
42       mony, records or report.
43             (d) Nothing in this section shall limit the authority, which may oth-

13
  1       erwise be provided by law, of the commissioner of insurance, the state
  2       board of healing arts or other health care provider licensing or disciplinary
  3       boards of this state to require a peer review committee or officer to report
  4       to it any disciplinary action or recommendation of such committee or
  5       officer; to transfer to it records of such committee's or officer's proceed-
  6       ings or actions to restrict or revoke the license, registration, certification
  7       or other authorization to practice of a health care provider; or to terminate
  8       the liability of the fund for all claims against a specific health care provider
  9       for damages for death or personal injury pursuant to subsection (i) of
10       K.S.A. 40-3403 and amendments thereto. Reports and records so fur-
11       nished shall not be subject to discovery, subpoena or other means of legal
12       compulsion for their release to any person or entity and shall not be
13       admissible in evidence in any judicial or administrative proceeding other
14       than a disciplinary proceeding by the state board of healing arts or other
15       health care provider licensing or disciplinary boards of this state.
16             (e) A peer review committee or officer may report to and discuss its
17       activities, information and findings to other peer review committees or
18       officers or to a board of directors or an administrative officer of a health
19       care provider without waiver of the privilege provided by subsection (b)
20       and the records of all such committees or officers relating to such report
21       shall be privileged as provided by subsection (b).
22             (f) Nothing in this section shall be construed to prevent an insured
23       from obtaining information pertaining to payment of benefits under a
24       contract with an insurance company, a health maintenance organization
25       or an administrator of a health benefits plan.
26             Sec.  14. K.S.A. 1999 Supp. 65-4921 is hereby amended to read as
27       follows: 65-4921. As used in K.S.A. 65-4921 through 65-4930, and amend-
28       ments thereto:
29             (a) "Appropriate licensing agency" means the agency that issued the
30       license to the individual or health care provider who is the subject of a
31       report under this act.
32             (b) "Department" means the department of health and environment.
33             (c) "Health care provider" means: (1) Those persons and entities de-
34       fined as a health care provider under K.S.A. 40-3401 and amendments
35       thereto; and (2) a dentist licensed by the Kansas dental board, a dental
36       hygienist licensed by the Kansas dental board, a professional nurse li-
37       censed by the board of nursing, a practical nurse licensed by the board
38       of nursing, a mental health technician licensed by the board of nursing,
39       a physical therapist assistant certified by the state board of healing arts,
40       an occupational therapist registered licensed by the state board of healing
41       arts, an occupational therapy assistant registered licensed by the state
42       board of healing arts and a respiratory therapist licensed by the state
43       board of healing arts.

14
  1             (d) "License," "licensee" and "licensing" include comparable terms
  2       which relate to regulation similar to licensure, such as registration.
  3             (e) "Medical care facility" means: (1) A medical care facility licensed
  4       under K.S.A. 65-425 et seq. and amendments thereto; (2) a private psy-
  5       chiatric hospital licensed under K.S.A. 75-3307b and amendments
  6       thereto; and (3) state psychiatric hospitals and state institutions for the
  7       mentally retarded, as follows: Larned state hospital, Osawatomie state
  8       hospital, Rainbow mental health facility, Kansas neurological institute and
  9       Parsons state hospital and training center.
10             (f) "Reportable incident" means an act by a health care provider
11       which: (1) Is or may be below the applicable standard of care and has a
12       reasonable probability of causing injury to a patient; or (2) may be grounds
13       for disciplinary action by the appropriate licensing agency.
14             (g) "Risk manager" means the individual designated by a medical care
15       facility to administer its internal risk management program and to receive
16       reports of reportable incidents within the facility.
17             (h) "Secretary" means the secretary of health and environment. 
18       Sec.  15. K.S.A. 65-5402, 65-5405, 65-5406, 65-5407, 65-5410, 65-
19       5412 and 65-5414 and K.S.A. 1999 Supp. 65-1501, 65-5408, 65-5409, 65-
20       4915 and 65-4921 are hereby repealed.
21        Sec.  16. This act shall take effect and be in force from and after
22       January 1, 2001, and its publication in the statute book.