March 24, 1998


Journal of the House


FORTY-NINTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Tuesday, March 24, 1998, 11:00 a.m. 
 The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.

 The roll was called with 124 members present.

 Rep. Lloyd was excused on verified illness.

 Prayer by Chaplain Washington:

      Heavenly Father,

       With such a tremendous weight of responsibility, these men and women need
      Your protection, and to get it they need Your direction.

       In Your Book, through Your Prophets, You have spoken to us very clearly. In 2
      Timothy 3:16, You said Your Word was given to us by Your supernatural inspiration,
      to profit us. You said it would teach us what's right, reveal to us where we've gone
      wrong, guide us in correcting our wrong and instruct us in maintaining a program
      for right living.

       Lord, help us to see how unprofitable it is to ignore Your Word. We have stored
      Your Word on our bookshelves, under our tables, in our desks, but You gave it us to
      store in our hearts. As You inspired Josiah in 2 Kings 22, to realize the desperate
      condition of the people because they had lost sight of Your Word, inspire us. Father,
      if You will, move us by Your Holy Spirit, and let the same thing that was said about
      Josiah's leadership in 2 Kings 23:25, be ultimately said about this leadership. In
      rejoicing over the good that will be accomplished, let it be said that neither before
      these leaders nor after them have there been leaders who so closely determined to
      follow the Lord.

       I come to You again, in the Precious Name of Jesus. Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was introduced and read by title:

 HB 3021, An act concerning state officers and employees; relating to the state employee
shared leave program; creating the state employee shared leave pool; prescribing certain
guidelines and procedures; amending K.S.A. 75-5549 and repealing the existing section, by
Committee on Appropriations.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

 Appropriations: HB 3020.

 Committee of the Whole: HCR 5052.

CHANGE OF REFERENCE
 Speaker pro tem Wagle announced the withdrawal of SB 467 from Committee on Health
and Human Services and referral to Committee on Appropriations.

MESSAGE FROM THE SENATE
 The Senate adopts conference committee report on HB 2025.

 The Senate nonconcurs in House amendments to SB 485, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2820 and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 485.

 Speaker pro tem Wagle thereupon appointed Reps. Mayans, Morrison and Henry as
conferees on the part of the House.

CONSENT CALENDAR
 Objection was made to SB 421 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

 No objection was made to SB 408, 418 appearing on the Consent Calendar for the first
day.

 No objection was made to HB 2995, 3016; SB 484 appearing on the Consent Calendar
for the second day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Sub. HB 2210, An act concerning state officers and employees; relating to the state civil
service; amending K.S.A. 75-2935 and 75-6301 and repealing the existing sections, was
considered on final action.

 On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The substitute bill passed, as amended.

 SB 149, An act concerning agriculture; creating the Kansas agricultural seed council;
establishing the powers and duties thereof, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot-
torff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Wempe, Wilk, Wilson.

 Nays: Welshimer.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 SB 270, An act concerning the transient merchant licensing act; relating to flea markets;
sale of certain goods, was considered on final action.

 On roll call, the vote was: Yeas 106; Nays 18; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Carmody, Compton, Correll, Crow, Dahl, Dean, Dillon, Dreher, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst,
Huff, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, McClure, McCreary,
McKechnie, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Palmer, Pauls, E. Pe-
terson, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Sa-
muelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Sloan, Spangler, Storm, Swen-
son, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Campbell, Cook, Cox, Edmonds, Franklin, Howell, Humerickhouse, Phill Kline,
Mays, McKinney, Neufeld, O'Connor, Osborne, Packer, Powers, Shallenburger, Shultz,
Stone.

 Present but not voting: None.

 Absent or not voting: Lloyd.

 The bill passed, as amended.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
O'Neal in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. O'Neal, Committee of the Whole report, as follows, was adopted:

 Recommended that committee report to HB 2999 be adopted; also, on motion of Rep.
Spangler to amend, Rep. Boston requested a ruling on the amendment being germane to
the bill. The Rules Vice-Chair ruled the amendment germane. Rep. Boston challenged the
ruling, the question being, ``Shall the Rules Vice-Chair be sustained?'' Roll call was
demanded.

 On roll call, the vote was: Yeas 58; Nays 64; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Alldritt, Allen, Ballard, Benlon, Burroughs, Correll, Cox, Crow, Dean, Dillon, Emp-
son, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Glasscock, Grant, Haley, Hel-
gerson, Henderson, Henry, Holmes, Howell, Johnston, Kirk, Klein, Krehbiel, Kuether, Lar-
kin, M. Long, McClure, McKechnie, McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps,
Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Stone, Storm, Thi-
mesch, Toelkes, Vickrey, Weiland, Wells, Welshimer, Wempe, Wilk.

 Nays: Adkins, Aurand, Ballou, Beggs, Boston, Campbell, Carmody, Compton, Cook,
Dahl, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore,
Gregory, Hayzlett, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil
Kline, Phill Kline, Landwehr, Lane, P. Long, Mason, Mays, McCreary, Mollenkamp, Mor-
rison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Pottorff,
Powell, Powers, Ray, Samuelson, Schwartz, Shallenburger, Shore, Shultz, Sloan, Swenson,
Tanner, Tomlinson, Toplikar, Vining, Wagle, Weber, Wilson.

 Present but not voting: None.

 Absent or not voting: Lloyd, Mayans, Presta.

 The Rules Vice-Chair was not sustained.

 Also, on motion of Rep. Tanner to amend HB 2999, Rep. Packer requested a ruling on
the amendment being germane to the bill. The Rules Vice-Chair ruled the amendment
germane. Rep. Packer challenged the ruling, the question being ``Shall the Rules Vice-Chair
be sustained?'' The RulesVice-Chair was not sustained.

 Also, on motion of Rep. Presta to amend HB 2999, the motion did not prevail; and the
bill be passed as amended.

REPORTS OF STANDING COMMITTEES
    The Committee on Appropriations recommends HB 2758 be amended on page 6,
following line 24, by inserting a new section as follows:

    ``Sec. 9. K.S.A. 72-4461 is hereby amended to read as follows: 72-4461. (a) Within the
limits of appropriations therefor and in accordance with the provisions of this act:

    (a) (1) The board of regents may: (1) (A) Award a vocational education scholarship to
every person who is enrolled in or accepted for admission to a vocational education program
at a designated educational institution and who qualifies on the basis of the results of a
competitive examination of vocational education ability and aptitude for designation as a
vocational education scholar and for the award of a vocational education scholarship; and
(2) (B) renew the award of a vocational education scholarship to every person who is cur-
rently designated as a vocational education scholar and who qualifies on the basis of satis-
factory performance in a vocational education program at a designated educational insti-
tution for the renewal of the award of a vocational education scholarship.;

    (b) (2) in each school year, commencing with the 1987-88 school year, the board of
regents shall may designate as vocational education scholars and award vocational education
scholarships to the 100 those applicants therefor who exhibit the greatest ability and aptitude
for vocational education. An applicant who fails to be designated as a vocational education
scholar and to be awarded a vocational education scholarship shall not be disqualified from
applying therefor in a later school year so long as all requirements for eligibility to apply for
such designation and award are met.;

    (c) (3) in each school year, commencing with the 1988-89 school year, the board of
regents shall may renew the award of vocational education scholarships to all vocational
education scholars who remain eligible and qualified.

    (d) (b) A vocational education scholar who is eligible for the award of a state scholarship
under the provisions of article 68 of chapter 72 of Kansas Statutes Annotated may be
awarded such state scholarship in addition to a vocational education scholarship. The amount
received by a vocational education scholar under a vocational education scholarship shall
not be considered in determining financial need under the state scholarship program.'';

    By renumbering sections 9 and 10 as sections 10 and 11, respectively;

    Also on page 6, in line 25, after ``K.S.A.'' where it appears for the first time, by inserting
``72-4461,'';

    In the title, in line 10, after the semicolon, by inserting ``rescinding the limitation on
vocational education scholarships;''; also in line 10, after ``K.S.A.'', by inserting ``72-4461,'';
and the bill be passed as amended.

    The Committee on Appropriations recommends SB 400 be amended on page 1, in line
16, by striking ``Space'' and inserting ``Except as otherwise provided by this section, space'';
in line 19, by striking ``Space'' and inserting ``The rooms designated as 240-N and 241-N in
the state capitol building shall be permanently assigned to the secretary of state to be used
by the secretary of state and other state officials for ceremonial and other purposes. Except
as otherwise provided by this section, space''; in line 28, following the period, by inserting
``At the beginning of the 1999 regular session of the legislature, a plan for the renovation
and the assignment and use of space and facilities in the state capitol building, including
cost estimates, shall be prepared and included in legislation introduced and considered by
the legislature during the 1999 regular session.''; and the bill be passed as amended.

 The Committee on Economic Development recommends SB 672, as amended by
Senate Committee, be passed.

    The Committee on Environment recommends SB 523 be amended on page 1, in line
43, after ``(d)'' by inserting ``(1)''; also in line 43, by striking ``therefore'' and inserting ``there-
for'';

    On page 2, in line 1, by striking ``. The''; in line 2, by striking all before ``restoring'' and
inserting ``for the purpose of''; in line 5, by striking ``complimentary'' and inserting ``com-
plementary''; also in line 5, before ``There'' by beginning a new paragraph and inserting
``(2)''; in line 13, by striking all after the period; by striking all of lines 14 through 17; in line
18, by striking ``(e)'' and inserting ``(3)''; also in line 18, by striking ``the buffers''; by striking
all of line 19; in line 20, by striking all before the period and inserting ``riparian buffers
consisting of at least one contiguous acre per parcel of real property located in the appraiser's
county''; in line 21, by striking all before ``shall'' and inserting ``riparian buffers''; in line 22,
by striking ``or native grass'' and inserting ``grass land, native grass land or waste land, as
appropriate. As used in this subsection (3), ``riparian buffer'' means an area of stream-side
vegetation that: (A) Consists of tame or native grass and may include forbs and woody plants;
(B) is located along a perennial or intermittent stream, including the stream bank and
adjoining floodplain; (C) is created pursuant to the Kansas water quality buffer initiative;
and (D) is a minimum of 66 feet wide and a maximum of 150 feet wide'';

    Also on page 2, in line 23, by striking ``(f)'' and inserting ``(e)''; in line 25, by striking ``(g)''
and inserting ``(f)''; and the bill be passed as amended.

    The Committee on Governmental Organization and Elections recommends HCR
5020 be amended on page 1, in line 30, by striking ``2000'' and inserting ``the year 2002'';
in line 34, by striking ``2002, and'' and inserting ``the year 2004, and every tenth year''; also
in line 34, by striking ``four-''; by striking all in lines 35 and 36 and inserting ``terms not to
exceed four years.''; in line 37, by striking ``2000'' and inserting ``the year 2002'';

    On page 2, in line 4, by striking ``2002 and'' and inserting ``the year 2004, and every tenth
year''; by striking all in lines 5 and 6 and inserting ``for terms not to exceed six years.'' ''; in
line 14, by striking all following ``lature''; in line 15, by striking all preceding the period and
inserting ``after the year 2002''; by striking all of line 18; in line 19, by striking all preceding
the period and inserting ``after the year 2002''; and the concurrent resolution be adopted as
amended.

    The Committee on Health and Human Services recommends SB 242, as amended by
Senate Committee, be amended on page 3, in line 13, preceding the semicolon, by inserting
``appointed by the governor'';

    On page 4, in line 25, by striking ``how'' and inserting ``for''; also in line 25, by striking
``that shall''; in line 26, by striking all before ``successful'' and inserting ``to obtain'';

    On page 5, by striking all in lines 13 through 43;

    By striking all of page 6;

    On page 7, by striking all in lines 1 through 3 and inserting the following:

    ``Sec. 7. K.S.A. 1997 Supp. 65-5508 is hereby amended to read as follows: 65-5508. (a)
The board shall waive the examination, education and experience requirements and grant
registration to any person who applies for registration on or before July 1, 1987, who pays
the application fee and who was registered or certified immediately prior to the effective
date of this act as a respiratory therapist or respiratory therapy technician by the national
board for respiratory care or who has been employed as a respiratory therapist for the
purpose of providing respiratory therapy for at least two years within the three-year period
immediately prior to the effective date of this act.
    (b) The board may waive the examination, education or experience requirements and
grant registration licensure to any applicant who presents proof of current licensure or
registration as a respiratory therapist in another state, the District of Columbia or territory
of the United States which requires standards for licensure or registration determined by
the board to be equivalent to or exceed the requirements for registration licensure under
this act.

    (c) (b) At the time of making an application under this section, the applicant shall pay
to the board the application fee as required under K.S.A. 65-5509 and amendments thereto.

    (d) (c) The board may issue a special permit to a student enrolled in an approved school
of respiratory therapy who applies for such special permit on a form provided by the board
and who pays to the board the special permit fee as required under K.S.A. 65-5509 and
amendments thereto. The special permit shall authorize a student who is enrolled in an
approved school of respiratory therapy and who holds such special permit to practice res-
piratory therapy under the supervision of a registered respiratory therapist. Such special
permit shall expire on the date that the student graduates from an approved school of
respiratory therapy or otherwise ceases to be enrolled in an approved school of respiratory
therapy.

    (e) (d) The board may issue a temporary registration license to an applicant for regis-
tration licensure as a respiratory therapist who applies for temporary registration licensure
on a form provided by the board, who meets the requirements for registration licensure or
who meets all of the requirements for registration licensure except examination and who
pays to the board the temporary registration license fee as required under K.S.A. 65-5509
and amendments thereto. Such temporary registration licensure shall expire one year from
the date of issue or on the date that the board approves the application for registration
licensure, whichever occurs first. No more than one such temporary registration license shall
be permitted to any one person.

    (e) A person registered to practice respiratory therapy on February 28, 1999, shall be
deemed to be licensed to practice respiratory therapy under this act, and such person shall
not be required to file an original application for licensure under this act. Any application
for registration filed but which has not been granted prior to March 1, 1999, shall be proc-
essed as an application for licensure under this act.

    Sec. 8. K.S.A. 1997 Supp. 65-5509 is hereby amended to read as follows: 65-5509. (a)
The board shall charge and collect in advance fees provided for in this act as fixed by the
board by rules and regulations, subject to the following limitations:


Application fee, not more than $80

Temporary registration license fee, not more than 40

Special permit fee, not more than 80

Registration License renewal fee, not more than 80

Registration License late renewal fee, not more than 80

Registration License reinstatement fee, not more than 80

Certified copy of registration license, not more than 40

Written verification of registration license, not more than 25
    (b) The board shall charge and collect in advance fees for any examination administered
by the board under the respiratory therapy practice act as fixed by the board by rules and
regulations in an amount equal to the cost to the board of the examination. If the examination
is not administered by the board, the board may require that fees paid for any examination
under the respiratory therapy practice act be paid directly to the examination service by the
person taking the examination.'';

    On page 8, in line 12, by striking ``July 1, 1998'' and inserting ``March 1, 1999'';

    On page 11, in line 3, by striking ``1996'' and inserting ``1997'';

    On page 14, in line 20, by striking ``1996 Supp.'';

    On page 15, in line 12, before the semicolon, by inserting ``under the Kansas healing arts
act'';

    On page 16, by striking all in lines 35 through 43;

    By striking all of pages 17 and 18;

    On page 19, by striking all in lines 1 through 28 and inserting the following:

    ``Sec. 17. K.S.A. 1997 Supp. 65-4915 is hereby amended to read as follows: 65-4915.
(a) As used in this section:

    (1) ``Health care provider'' means: (A) Those persons and entities defined as a health
care provider under K.S.A. 40-3401 and amendments thereto; and (B) a dentist licensed by
the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a profes-
sional nurse licensed by the board of nursing, a practical nurse licensed by the board of
nursing, a mental health technician licensed by the board of nursing, a physical therapist
assistant certified by the state board of healing arts, an occupational therapist registered by
the state board of healing arts, an occupational therapy assistant registered by the state
board of healing arts, a respiratory therapist registered licensed by the state board of healing
arts, a physician's assistant registered by the state board of healing arts and attendants and
ambulance services certified by the emergency medical services board.

    (2) ``Health care provider group'' means:

    (A) A state or local association of health care providers or one or more committees
thereof;

    (B) the board of governors created under K.S.A. 40-3403 and amendments thereto;

    (C) an organization of health care providers formed pursuant to state or federal law and
authorized to evaluate medical and health care services;

    (D) a review committee operating pursuant to K.S.A. 65-2840b through 65-2840d, and
amendments thereto;

    (E) an organized medical staff of a licensed medical care facility as defined by K.S.A.
65-425 and amendments thereto, an organized medical staff of a private psychiatric hospital
licensed under K.S.A. 75-3307b and amendments thereto or an organized medical staff of
a state psychiatric hospital or state institution for the mentally retarded, as follows: Larned
state hospital, Osawatomie state hospital, Rainbow mental health facility, Topeka state hos-
pital, Kansas neurological institute, Norton state hospital, Parsons state hospital and training
center and Winfield state hospital and training center;

    (F) a health care provider;

    (G) a professional society of health care providers or one or more committees thereof;

    (H) a Kansas corporation whose stockholders or members are health care providers or
an association of health care providers, which corporation evaluates medical and health care
services; or

    (I) an insurance company, health maintenance organization or administrator of a health
benefits plan which engages in any of the functions defined as peer review under this section.

    (3) ``Peer review'' means any of the following functions:

    (A) Evaluate and improve the quality of health care services rendered by health care
providers;

    (B) determine that health services rendered were professionally indicated or were per-
formed in compliance with the applicable standard of care;

    (C) determine that the cost of health care rendered was considered reasonable by the
providers of professional health services in this area;

    (D) evaluate the qualifications, competence and performance of the providers of health
care or to act upon matters relating to the discipline of any individual provider of health
care;

    (E) reduce morbidity or mortality;

    (F) establish and enforce guidelines designed to keep within reasonable bounds the cost
of health care;

    (G) conduct of research;

    (H) determine if a hospital's facilities are being properly utilized;

    (I) supervise, discipline, admit, determine privileges or control members of a hospital's
medical staff;

    (J) review the professional qualifications or activities of health care providers;

    (K) evaluate the quantity, quality and timeliness of health care services rendered to
patients in the facility;

    (L) evaluate, review or improve methods, procedures or treatments being utilized by
the medical care facility or by health care providers in a facility rendering health care.

    (4) ``Peer review officer or committee'' means:

    (A) An individual employed, designated or appointed by, or a committee of or employed,
designated or appointed by, a health care provider group and authorized to perform peer
review; or

    (B) a health care provider monitoring the delivery of health care at correctional insti-
tutions under the jurisdiction of the secretary of corrections.

    (b) Except as provided by K.S.A. 60-437 and amendments thereto and by subsections
(c) and (d), the reports, statements, memoranda, proceedings, findings and other records
submitted to or generated by peer review committees or officers shall be privileged and
shall not be subject to discovery, subpoena or other means of legal compulsion for their
release to any person or entity or be admissible in evidence in any judicial or administrative
proceeding. Information contained in such records shall not be discoverable or admissible
at trial in the form of testimony by an individual who participated in the peer review process.
The peer review officer or committee creating or initially receiving the record is the holder
of the privilege established by this section. This privilege may be claimed by the legal entity
creating the peer review committee or officer, or by the commissioner of insurance for any
records or proceedings of the board of governors.

    (c) Subsection (b) shall not apply to proceedings in which a health care provider contests
the revocation, denial, restriction or termination of staff privileges or the license, registration,
certification or other authorization to practice of the health care provider. A licensing agency
in conducting a disciplinary proceeding in which admission of any peer review committee
report, record or testimony is proposed shall hold the hearing in closed session when any
such report, record or testimony is disclosed. Unless otherwise provided by law, a licensing
agency conducting a disciplinary proceeding may close only that portion of the hearing in
which disclosure of a report or record privileged under this section is proposed. In closing
a portion of a hearing as provided by this section, the presiding officer may exclude any
person from the hearing location except the licensee, the licensee's attorney, the agency's
attorney, the witness, the court reporter and appropriate staff support for either counsel.
The licensing agency shall make the portions of the agency record in which such report or
record is disclosed subject to a protective order prohibiting further disclosure of such report
or record. Such report or record shall not be subject to discovery, subpoena or other means
of legal compulsion for their release to any person or entity. No person in attendance at a
closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or adminis-
trative hearing, be required to testify regarding the existence or content of a report or record
privileged under this section which was disclosed in a closed portion of a hearing, nor shall
such testimony be admitted into evidence in any subsequent civil, criminal or administrative
hearing. A licensing agency conducting a disciplinary proceeding may review peer review
committee records, testimony or reports but must prove its findings with independently
obtained testimony or records which shall be presented as part of the disciplinary proceeding
in open meeting of the licensing agency. Offering such testimony or records in an open
public hearing shall not be deemed a waiver of the peer review privilege relating to any
peer review committee testimony, records or report.

    (d) Nothing in this section shall limit the authority, which may otherwise be provided
by law, of the commissioner of insurance, the state board of healing arts or other health
care provider licensing or disciplinary boards of this state to require a peer review committee
or officer to report to it any disciplinary action or recommendation of such committee or
officer; to transfer to it records of such committee's or officer's proceedings or actions to
restrict or revoke the license, registration, certification or other authorization to practice of
a health care provider; or to terminate the liability of the fund for all claims against a specific
health care provider for damages for death or personal injury pursuant to subsection (i) of
K.S.A. 40-3403 and amendments thereto. Reports and records so furnished shall not be
subject to discovery, subpoena or other means of legal compulsion for their release to any
person or entity and shall not be admissible in evidence in any judicial or administrative
proceeding other than a disciplinary proceeding by the state board of healing arts or other
health care provider licensing or disciplinary boards of this state.

    (e) A peer review committee or officer may report to and discuss its activities, infor-
mation and findings to other peer review committees or officers or to a board of directors
or an administrative officer of a health care provider without waiver of the privilege provided
by subsection (b) and the records of all such committees or officers relating to such report
shall be privileged as provided by subsection (b).

    (f) Nothing in this section shall be construed to prevent an insured from obtaining
information pertaining to payment of benefits under a contract with an insurance company,
a health maintenance organization or an administrator of a health benefits plan.'';

    On page 20, in line 28, by striking ``1996'' and inserting ``1997'';

    On page 24, in line 34, by striking ``1996'' and inserting ``1997'';

    On page 27, by striking all in lines 28 through 31 and inserting the following:

    ``Sec. 21. K.S.A. 65-2901 is hereby amended to read as follows: 65-2901. (a) As used in
this act, the term ``physical therapy'' means a health specialty concerned with the evaluation,
treatment or instruction of human beings to assess, prevent and alleviate physical disability
and pain. This includes the administration and evaluation of tests and measurements of
bodily functions and structures in aid of treatment; the planning, administration, evaluation
and modifications of treatment and instruction, including the use of physical measures,
activities and devices for prevention and therapeutic purposes; and the provision of consul-
tative, educational and advisory services for the purpose of reducing the incidence and
severity of physical disability and pain. The use of roentgen rays and radium for diagnostic
and therapeutic purposes, the use of electricity for surgical purposes, including cauterization,
and the practice of medicine and surgery are not authorized or included under the term
``physical therapy'' as used in this act.

    (b) ``Physical therapist'' means a person who practices physical therapy as defined in
this act and delegates selective forms of treatment to supportive personnel under the su-
pervision of such person. Any person who successfully meets the requirements of K.S.A.
65-2906 and amendments thereto shall be known and designated as a physical therapist and
may designate or describe oneself as a physical therapist, physiotherapist, registered licensed
physical therapist, P.T., Ph.T. or R.P.T. L.P.T. Physical therapists may evaluate patients
without physician referral but may initiate treatment only after consultation with and ap-
proval by a physician licensed to practice medicine and surgery, a licensed podiatrist or a
licensed dentist in appropriately related cases.

    (c) ``Physical therapist assistant'' means a person who works under the direction of a
physical therapist, and who assists in the application of physical therapy, and whose activities
require an understanding of physical therapy, but do not require professional or advanced
training in the anatomical, biological and physical sciences involved in the practice of phys-
ical therapy. Any person who successfully meets the requirements of K.S.A. 65-2906 and
amendments thereto shall be known and designated as a physical therapist assistant, and
may designate or describe oneself as a physical therapist assistant, certified physical therapist
assistant, P.T.A., C.P.T.A. or P.T. Asst.

    Sec. 22. K.S.A. 65-2904 is hereby amended to read as follows: 65-2904. The state ex-
amining committee shall be appointed as follows: The state board of healing arts shall
appoint one physician licensed to practice medicine and surgery and one member of the
state board of healing arts, and the governor shall appoint three physical therapists who are
duly registered licensed physical therapists who have at least three years' experience in
physical therapy immediately preceding the appointment and are actively engaged, in this
state, in physical therapy. The foregoing appointees shall constitute the state examining
committee for physical therapy. Except as otherwise provided in this section, the members
appointed in accordance with this section shall be appointed for terms of four years and
shall serve until their successors are appointed and qualify. Of the first three physical ther-
apist members appointed by the governor on or after July 1, 1983, one shall be appointed
for a term of two years, one shall be appointed for a term of three years and one shall be
appointed for a term of four years, and these members shall serve until a successor is
appointed and qualified. Thereafter, physical therapist members appointed by the governor
shall be appointed for terms of four years and shall serve until their successors are appointed
and qualified. Each member of the committee shall take an oath as required by law for state
officers. No physical therapist member appointed by the governor on or after July 1, 1983,
shall be appointed for more than two successive four-year terms commencing on or after
that date.

    Sec. 23. K.S.A. 65-2905 is hereby amended to read as follows: 65-2905. (a) The state
examining committee for physical therapy provided for in this act shall elect from their
members a president and a vice-president, who shall serve for one year or until their suc-
cessors are elected and qualified. The executive director of the state board of healing arts
shall act as secretary of the examining committee.

    (b) The state examining committee shall serve in an advisory capacity to the state board
of healing arts in matters pertaining to physical therapy. The state board of healing arts may
adopt reasonable rules and regulations relative to the qualification and examination of ap-
plicants as may be found necessary for the performance of its duties. As to any matters
coming under its jurisdiction, the state examining committee while in session may take
testimony and any member may administer oaths in the taking of such testimony.

    (c) A simple majority of the committee shall constitute a quorum for the transaction of
business. The secretary shall keep a record of all procedures of the committee.

    (d) The examining committee shall meet at a city designated by the examining com-
mittee and the board, and under the direction of the state board of healing arts, there
conduct the examination for the registration licensure of physical therapists and certification
of physical therapist assistants, at least once each year, and may hold other meetings and
examinations at such times and places as the examining committee and board may deter-
mine.

    (e) The board may appoint and fix the compensation of such employees as may be
necessary to assist the examining committee, and the board shall have the power to employ
such expert assistance as it may deem necessary to carry out the purposes of this act. Mem-
bers of the state examining committee for physical therapy attending meetings of such
committee, or attending a subcommittee meeting thereof authorized by such committee,
shall be paid compensation, subsistence allowances, mileage and other expenses as provided
in K.S.A. 75-3223 and amendments thereto.

    Sec. 24. K.S.A. 1997 Supp. 65-2906 is hereby amended to read as follows: 65-2906. (a)
It shall be the duty of the state board of healing arts, with the advice and assistance of the
state examining committee, to pass upon the qualifications of all applicants for examination
and registration licensure or certification, provide for and conduct all examinations, deter-
mine the applicants who successfully pass the examination, duly register license or certify
such persons and adopt rules and regulations for professional conduct of the registered or
certified persons.

    (b) An applicant applying for registration licensure as a physical therapist or for a cer-
tificate as a physical therapist assistant shall file a written application on forms provided by
the state board of healing arts, showing to the satisfaction of the board that the applicant
meets the following requirements:

    (1) The applicant is of legal age;

    (2) the applicant has successfully completed the academic requirements of an educa-
tional program in physical therapy approved by the board which is appropriate for the
certification or registration licensure of the applicant;

    (3) the applicant has passed an examination required by the board which is appropriate
for the certification or registration licensure of the applicant to test the applicant's knowledge
of the basic and clinical sciences relating to physical therapy theory and practice; and

    (4) the applicant has paid to the board all applicable fees established under K.S.A. 65-
2911 and amendments thereto.

    (c) The board shall adopt rules and regulations establishing the criteria which a school
shall satisfy in order to be approved by the board for purposes of subsection (b). The board
may send a questionnaire developed by the board to any school for which the board does
not have sufficient information to determine whether the school meets the requirements of
the board for approval and rules and regulations adopted under this section. The question-
naire providing the necessary information shall be completed and returned to the board in
order for the school to be considered for approval. The board may contract with investigative
agencies, commissions or consultants to assist the board in obtaining information about
schools. In entering such contracts the authority to approve schools shall remain solely with
the board.

    (d) All registrations or certificates issued prior to July 1, 1994, which are in effect on
the effective date of this act shall be and continue in full force and effect and be eligible
for renewal and reinstatement under K.S.A. 65-2910 and amendments thereto.

    Sec. 25. K.S.A. 65-2907 is hereby amended to read as follows: 65-2907. An applicant
may be registered licensed as a physical therapist or certified as a physical therapist assistant
without a certificate of proficiency in the basic sciences from the state board of healing arts
if the applicant fulfills the provisions of this act.

    Sec. 26. K.S.A. 65-2908 is hereby amended to read as follows: 65-2908. The board shall
register license as a physical therapist or certify as a physical therapist assistant each applicant
who successfully meets the requirements provided for in this act for registration licensure
as a physical therapist or certification as a physical therapist assistant and who is otherwise
qualified as required herein. The board shall issue a certificate of registration license to each
person registered licensed under this act and a certificate to each person certified under
this act.

    Sec. 27. K.S.A. 65-2909 is hereby amended to read as follows: 65-2909. (a) The board
may issue a certificate of registration license in physical therapy without examination therein
to an applicant who presents evidence satisfactory to the board of having passed the ex-
amination in physical therapy of the American registry of physical therapists, or an exami-
nation before a similar, lawfully authorized examining board in physical therapy of another
state, District of Columbia, territory or foreign country, if the standards for registration or
licensure in physical therapy in such other state, district, territory or foreign country are
determined by the board to be as high as those of this state for licensure. At the time of
making such application, the applicant shall pay to the board a fee as prescribed, no part of
which shall be returned.

    (b) The board may issue a certificate as a physical therapist assistant without examination
therein to an applicant who presents evidence satisfactory to the board of having passed an
examination as a physical therapist assistant as approved by the state board of healing arts
or an examination before a similar, lawfully authorized examining board in physical therapy
of another state, District of Columbia, territory or foreign country, if the standards for
certification in physical therapy in such other state, District of Columbia, territory or foreign
country are determined by the board to be as high as those of this state. At the time of
making such application, the applicant shall pay to the board a fee as prescribed, no part of
which shall be returned.

    Sec. 28. K.S.A. 65-2910 is hereby amended to read as follows: 65-2910. (a) The regis-
tration licensure of every registered licensed physical therapist and the certification of every
certified physical therapist assistant shall expire on the date established by rules and regu-
lations of the state board of healing arts which may provide renewal throughout the year on
a continuing basis. In each case in which a registration license or certificate is renewed for
a period of time of less than one year, the board may prorate the amount of the fee estab-
lished under K.S.A. 65-2911 and amendments thereto. The request for renewal shall be on
a form provided by the board and shall be accompanied by the renewal fee established
under to K.S.A. 65-2911 and amendments thereto which shall be paid not later than the
expiration date of the registration license or certificate.

    (b) The state board of healing arts shall require every registered licensed physical ther-
apist or certified physical therapist assistant as a condition of renewal to submit with the
application for a renewal evidence of satisfactory completion of a program of continuing
education required by the board. The board shall establish the requirements for each such
program of continuing education by rules and regulations. In establishing such requirements
the board shall consider any existing programs of continuing education currently being
offered to registered licensed physical therapists or certified physical therapist assistants.

    (c) The state board of healing arts prior to renewal of the registration license of a physical
therapist, shall require the registrant licensee, if in the active practice of physical therapy
within Kansas, to submit to the board evidence satisfactory to the board that the registrant
licensee is maintaining a policy of professional liability insurance as required by K.S.A. 40-
3402 and amendments thereto and has paid the annual premium surcharge as required by
K.S.A. 40-3404 and amendments thereto.

    (d) At least 30 days before the expiration of the registration license of a physical therapist
or the certificate of a physical therapist assistant, the state board of healing arts shall notify
the registrant licensee or certificate holder of the expiration by mail addressed to the reg-
istrant's licensee's last mailing address as noted upon the office records. If the registrant
licensee or certificate holder fails to pay the renewal fee by the date of expiration, the
registrant licensee or certificate holder shall be given a second notice that the registration
license or certificate has expired and the registration license or certificate may be renewed
only if the renewal fee and the late renewal fee are received by the board within the thirty-
day period following the date of expiration and that, if both fees are not received within the
thirty-day period, the registration license or certificate shall be considered to have lapsed
for failure to renew and shall be reissued only after the physical therapist or physical therapist
assistant has been reinstated under subsection (e).

    (e) Any registrant licensee or certificate holder who allows the registration license or
certificate to lapse by failing to renew may be reinstated upon recommendation of the state
board of healing arts and upon payment of the renewal fee and the reinstatement fee and
upon submitting evidence of satisfactory completion of any applicable reeducation and con-
tinuing education requirements established by the board. The board shall adopt rules and
regulations establishing appropriate reeducation and continuing education requirements for
reinstatement of persons whose registrations licenses or certificates have lapsed for failure
to renew.

    Sec. 29. K.S.A. 65-2912 is hereby amended to read as follows: 65-2912. (a) The board
may refuse to grant a certificate of registration license to any physical therapist or a certificate
to any physical therapist assistant, or may suspend or revoke the registration license of any
registered licensed physical therapist or certificate of any certified physical therapist assistant
for any of the following grounds:

    (1) Addiction to or distribution of intoxicating liquors or drugs for other than lawful
purposes;

    (2) conviction of a felony if the board determines, after investigation, that the physical
therapist or physical therapist assistant has not been sufficiently rehabilitated to warrant the
public trust;

    (3) obtaining or attempting to obtain registration licensure or certification by fraud or
deception;

    (4) finding by a court of competent jurisdiction that the physical therapist or physical
therapist assistant is a disabled person and has not thereafter been restored to legal capacity;

    (5) unprofessional conduct;

    (6) the treatment or attempt to treat ailments or other health conditions of human
beings other than by physical therapy and as authorized by this act;

    (7) failure to refer patients to other health care providers if symptoms are present for
which physical therapy treatment is inadvisable or if symptoms indicate conditions for which
treatment is outside the scope of knowledge of the registered licensed physical therapist;

    (8) initiating treatment without prior consultation and approval by a physician licensed
to practice medicine and surgery, by a licensed podiatrist or by a licensed dentist; and

    (9) knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresen-
tation on a claim form, bill or statement.

    (b) All proceedings pursuant to this section shall be conducted in accordance with the
provisions of the Kansas administrative procedure act and shall be reviewable in accordance
with the act for judicial review and civil enforcement of agency actions.

    Sec. 30. K.S.A. 1997 Supp. 65-2913 is hereby amended to read as follows: 65-2913. (a)
Any person, except a person certified as a physical therapist assistant, who engages in the
practice of physical therapy or any person who, in any manner, represents oneself as a
physical therapist, or who uses in connection with such person's name the words or letters
physical therapist, physiotherapist, registered licensed physical therapist, P.T., Ph. T. or
R.P.T. L.P.T., or any other letters, words, abbreviations or insignia, indicating or implying
that such person is a physical therapist, without a valid existing certificate of registration
license as a physical therapist issued to such person under the provisions of this act, shall
be guilty of a class B nonperson misdemeanor.

    (b) Any person who, in any manner, represents oneself as a physical therapist assistant,
or who uses in connection with such person's name the words or letters physical therapist
assistant, certified physical therapist assistant, P.T.A., C.P.T.A. or P.T. Asst., or any other
letters, words, abbreviations or insignia, indicating or implying that such person is a physical
therapist assistant, without a valid existing certificate as a physical therapist assistant issued
to such person pursuant to the provisions of this act, shall be guilty of a class B nonperson
misdemeanor.

    (c) Nothing in this act shall prohibit any person not holding oneself out as a physical
therapist or physical therapist assistant from carrying out as an independent practitioner,
without prescription or supervision, the therapy or practice for which the person is qualified,
and shall not prohibit the person from using corrective therapy. Nothing in this act shall
prohibit persons whose services are performed pursuant to the delegation of or under the
supervision of a licensed physical therapist from performing physical therapy. Nothing in
this act shall prohibit students from practicing physical therapy as part of an approved
educational program in physical therapy while under the supervision of a qualified instruc-
tor. Nothing in this act shall prohibit any person who assists the physical therapist or physical
therapist assistant from being designated as a physical therapy aide.

    Sec. 31. K.S.A. 65-2914 is hereby amended to read as follows: 65-2914. (a) No person
shall employ fraud or deception in applying for or securing a certificate of registration license
as a physical therapist.

    (b) A person registered licensed under this act as a physical therapist shall not treat
ailments or other health conditions of human beings other than by physical therapy unless
duly licensed or registered to provide such treatment under the laws of this state.

    (c) A person certified under this act as a physical therapist assistant shall not treat
ailments or other health conditions of human beings except under the direction of a physical
therapist duly registered under this act. The word ``direction'' as used in this subsection (c)
shall mean that the physical therapist shall see all patients initially and evaluate them peri-
odically except in those cases in a hospital setting when the physical therapist is not im-
mediately available, the physical therapist assistant may initiate patient care after telephone
contact with the physical therapist for documented instruction. The physical therapist must
then evaluate the patient and establish a plan of treatment as soon as possible with a min-
imum weekly review.

    (d) Any person violating the provisions of this section shall be guilty of a class B mis-
demeanor.

    Sec. 32. K.S.A. 65-2918 is hereby amended to read as follows: 65-2918. Physical ther-
apists practicing their profession, when registered licensed and practicing under and in
accordance with the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated,
and acts amendatory of the provisions thereof or supplemental thereto, shall not be con-
strued to be practicing the healing arts or be subject to the healing arts act.

    New Sec. 33. Any person holding a valid registration as a physical therapist immediately
prior to the effective date of this act which has been issued by the state board of healing
arts shall be deemed to be a licensed physical therapist and shall be subject to the provisions
of this act and the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated.

    Sec. 34. K.S.A. 1997 Supp. 7-121b is hereby amended to read as follows: 7-121b. (a)
Subject to subsection (b) of K.S.A. 40-3411 and amendments thereto, whenever a civil action
is commenced by filing a petition or whenever a pleading states a claim in a district court
for damages for personal injuries or death arising out of the rendering of or the failure to
render professional services by any health care provider, compensation for reasonable at-
torney fees to be paid by each litigant in the action shall be approved by the judge after an
evidentiary hearing and prior to final disposition of the case by the district court. Compen-
sation for reasonable attorney fees for services performed in an appeal of a judgment in any
such action to the court of appeals shall be approved after an evidentiary hearing by the
chief judge or by the presiding judge of the panel hearing the case. Compensation for
reasonable attorney fees for services performed in an appeal of a judgment in any such
action to the supreme court shall be approved after an evidentiary hearing by the depart-
mental justice for the department in which the appeal originated. In determining the rea-
sonableness of such compensation, the judge or justice shall consider the following:

    (1) The time and labor required, the novelty and difficulty of the questions involved
and the skill requisite to perform the legal service properly.

    (2) The likelihood, if apparent to the client, that the acceptance of the particular em-
ployment will preclude other employment by the attorney.

    (3) The fee customarily charged in the locality for similar legal services.

    (4) The amount involved and the results obtained.

    (5) The time limitations imposed by the client or by the circumstances.

    (6) The nature and length of the professional relationship with the client.

    (7) The experience, reputation and ability of the attorney or attorneys performing the
services.

    (8) Whether the fee is fixed or contingent.

    (b) As used in this section:

    (1) ``Health care provider'' means a person licensed to practice any branch of the healing
arts, a person who holds a temporary permit to practice any branch of the healing arts, a
person engaged in a postgraduate training program approved by the state board of healing
arts, a licensed medical care facility, a health maintenance organization, a licensed dentist,
a licensed professional nurse, a licensed practical nurse, a licensed optometrist, a licensed
podiatrist, a licensed pharmacist, a professional corporation organized pursuant to the pro-
fessional corporation law of Kansas by persons who are authorized by such law to form such
a corporation and who are health care providers as defined by this subsection, a registered
licensed physical therapist or an officer, employee or agent thereof acting in the course and
scope of such person's employment or agency; and

    (2) ``professional services'' means those services which require licensure, registration or
certification by agencies of the state for the performance thereof.

    Sec. 35. K.S.A. 1997 Supp. 17-2707 is hereby amended to read as follows: 17-2707. As
used in this act, unless the context clearly indicates that a different meaning is intended,
the following words mean:

    (a) ``Professional corporation,'' a corporation organized under this act.

    (b) ``Professional service,'' the type of personal service rendered by a person duly li-
censed by this state as a member of any of the following professions, each paragraph con-
stituting one type:

    (1) A certified public accountant;

    (2) An architect;

    (3) An attorney-at-law;

    (4) A chiropractor;

    (5) A dentist;

    (6) An engineer;

    (7) An optometrist;

    (8) An osteopathic physician or surgeon;

    (9) A physician, surgeon or doctor of medicine;

    (10) A veterinarian;

    (11) A podiatrist;

    (12) A pharmacist;

    (13) A land surveyor;

    (14) A licensed psychologist;

    (15) A specialist in clinical social work;

    (16) A registered licensed physical therapist;

    (17) A landscape architect;

    (18) A registered professional nurse;

    (19) A real estate broker or salesperson.

    (c) ``Regulating board,'' the board or state agency which is charged with the licensing
and regulation of the practice of the profession which the professional corporation is organ-
ized to render.

    (d) ``Qualified person'':

    (1) Any natural person licensed to practice the same type of profession which any pro-
fessional corporation is authorized to practice;

    (2) the trustee of a trust which is a qualified trust under subsection (a) of section 401
of the internal revenue code of 1954, as amended, or of a contribution plan which is a
qualified employee stock ownership plan under subsection (a) of section 409A of the internal
revenue code of 1954, as amended; or

    (3) the trustee of a revocable living trust established by a natural person who is licensed
to practice the type of profession which any professional corporation is authorized to prac-
tice, if the terms of such trust provide that such natural person is the principal beneficiary
and sole trustee of such trust and such trust does not continue to hold title to professional
corporation stock following such natural person's death for more than a reasonable period
of time necessary to dispose of such stock.

    Sec. 36. K.S.A. 1997 Supp. 21-3721 is hereby amended to read as follows: 21-3721. (a)
Criminal trespass is:

    (1) Entering or remaining upon or in any land, nonnavigable body of water, structure,
vehicle, aircraft or watercraft other than railroad property as defined in K.S.A. 1997 Supp.
21-3761 and amendments thereto by a person who knows such person is not authorized or
privileged to do so, and:

    (A) Such person enters or remains therein in defiance of an order not to enter or to
leave such premises or property personally communicated to such person by the owner
thereof or other authorized person; or

    (B) such premises or property are posted in a manner reasonably likely to come to the
attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured
against passage or entry; or

    (C) such person enters or remains therein in defiance of a restraining order issued
pursuant to K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or K.S.A. 38-1542, 38-1543 or
38-1563, and amendments thereto, and the restraining order has been personally served
upon the person so restrained; or

    (2) entering or remaining upon or in any public or private land or structure in a manner
that interferes with access to or from any health care facility by a person who knows such
person is not authorized or privileged to do so and such person enters or remains thereon
or therein in defiance of an order not to enter or to leave such land or structure personally
communicated to such person by the owner of the health care facility or other authorized
person.

    (b) As used in this section:

    (1) ``Health care facility'' means any licensed medical care facility, certificated health
maintenance organization, licensed mental health center, or mental health clinic, licensed
psychiatric hospital or other facility or office where services of a health care provider are
provided directly to patients.

    (2) ``Health care provider'' means any person: (A) Licensed to practice a branch of the
healing arts; (B) licensed to practice psychology; (C) licensed to practice professional or
practical nursing; (D) licensed to practice dentistry; (E) licensed to practice optometry; (F)
licensed to practice pharmacy; (G) registered to practice podiatry; (H) licensed as a social
worker; or (I) registered licensed to practice physical therapy.

    (c) (1) Criminal trespass is a class B nonperson misdemeanor.

    (2) Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced
to not less than 48 consecutive hours of imprisonment which must be served either before
or as a condition of any grant of probation or suspension, reduction of sentence or parole.

    Sec. 37. K.S.A. 40-2,111 is hereby amended to read as follows: 40-2,111. As used in
K.S.A. 40-2,111 through 40-2,113, and amendments thereto: (a) ``Adverse underwriting
decision'' means: Any of the following actions with respect to insurance transactions involv-
ing insurance coverage which is individually underwritten:

    (1) A declination of insurance coverage;

    (2) a termination of insurance coverage;

    (3) an offer to insure at higher than standard rates, with respect to life, health or disa-
bility insurance coverage; or

    (4) the charging of a higher rate on the basis of information which differs from that
which the applicant or policyholder furnished, with respect to property or casualty insurance
coverage.

    (b) ``Declination of insurance coverage'' means a denial, in whole or in part, by an
insurance company or agent of requested insurance coverage.

    (c) ``Health care institution'' means any medical care facility, adult care home, drug
abuse and alcoholic treatment facility, home-health agency certified for federal reimburse-
ment, mental health center or mental health clinic licensed by the secretary of social and
rehabilitation services, kidney disease treatment center, county, city-county or multicounty
health departments and health-maintenance organization.

    (d) ``Health care provider'' means any person licensed to practice any branch of the
healing arts, licensed dentist, licensed professional nurse, licensed practical nurse, advanced
registered nurse practitioner, licensed optometrist, registered licensed physical therapist,
licensed social worker, registered physicians' assistant, licensed podiatrist or licensed psy-
chologist.

    (e) ``Institutional source'' means any natural person, corporation, association, partner-
ship or governmental or other legal entity that provides information about an individual to
an agent or insurance company, other than:

    (1) An agent;

    (2) the individual who is the subject of the information; or

    (3) a natural person acting in a personal capacity rather than a business or professional
capacity.

    (f) ``Insurance transaction'' means any transaction involving insurance, but not including
group insurance coverage, primarily for personal, family or household needs rather than
business or professional needs.

    (g) ``Medical-record information'' means personal information which:

    (1) Relates to an individual's physical or mental condition, medical history or medical
treatment; and

    (2) is obtained from a health care provider or health care institution, from the individual,
or from the individual's spouse, parent or legal guardian.

    (h) ``Termination of insurance coverage'' or ``termination of an insurance policy'' means
either a cancellation, nonrenewal or lapse of an insurance policy, in whole or in part, for
any reason other than:

    (1) The failure to pay a premium as required by the policy ; or

    (2) at the request or direction of the insured.

    Sec. 38. K.S.A. 1997 Supp. 40-3401 is hereby amended to read as follows: 40-3401. As
used in this act the following terms shall have the meanings respectively ascribed to them
herein.

    (a) ``Applicant'' means any health care provider.

    (b) ``Basic coverage'' means a policy of professional liability insurance required to be
maintained by each health care provider pursuant to the provisions of subsection (a) or (b)
of K.S.A. 40-3402 and amendments thereto.

    (c) ``Commissioner'' means the commissioner of insurance.

    (d) ``Fiscal year'' means the year commencing on the effective date of this act and each
year, commencing on the first day of that month, thereafter.

    (e) ``Fund'' means the health care stabilization fund established pursuant to subsection
(a) of K.S.A. 40-3403 and amendments thereto.

    (f) ``Health care provider'' means a person licensed to practice any branch of the healing
arts by the state board of healing arts, a person who holds a temporary permit to practice
any branch of the healing arts issued by the state board of healing arts, a person engaged
in a postgraduate training program approved by the state board of healing arts, a medical
care facility licensed by the department of health and environment, a health maintenance
organization issued a certificate of authority by the commissioner of insurance, a podiatrist
licensed by the state board of healing arts, an optometrist licensed by the board of examiners
in optometry, a pharmacist licensed by the state board of pharmacy, a licensed professional
nurse who is authorized to practice as a registered nurse anesthetist, a licensed professional
nurse who has been granted a temporary authorization to practice nurse anesthesia under
K.S.A. 65-1153 and amendments thereto, a professional corporation organized pursuant to
the professional corporation law of Kansas by persons who are authorized by such law to
form such a corporation and who are health care providers as defined by this subsection, a
Kansas limited liability company organized for the purpose of rendering professional services
by its members who are health care providers as defined by this subsection and who are
legally authorized to render the professional services for which the limited liability company
is organized, a partnership of persons who are health care providers under this subsection,
a Kansas not-for-profit corporation organized for the purpose of rendering professional
services by persons who are health care providers as defined by this subsection, a dentist
certified by the state board of healing arts to administer anesthetics under K.S.A. 65-2899
and amendments thereto, a physical therapist registered licensed by the state board of heal-
ing arts, a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto, or
a mental health center or mental health clinic licensed by the secretary of social and reha-
bilitation services, except that health care provider does not include (1) any state institution
for the mentally retarded, (2) any state psychiatric hospital, (3) any person holding an exempt
license issued by the state board of healing arts or, (4) any person holding a visiting clinical
professor license from the state board of healing arts or (5) any person holding a license as
a licensed respiratory therapist.

    (g) ``Inactive health care provider'' means a person or other entity who purchased basic
coverage or qualified as a self-insurer on or subsequent to the effective date of this act but
who, at the time a claim is made for personal injury or death arising out of the rendering
of or the failure to render professional services by such health care provider, does not have
basic coverage or self-insurance in effect solely because such person is no longer engaged
in rendering professional service as a health care provider.

    (h) ``Insurer'' means any corporation, association, reciprocal exchange, inter-insurer and
any other legal entity authorized to write bodily injury or property damage liability insurance
in this state, including workers compensation and automobile liability insurance, pursuant
to the provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of Kansas
Statutes Annotated.

    (i) ``Plan'' means the operating and administrative rules and procedures developed by
insurers and rating organizations or the commissioner to make professional liability insur-
ance available to health care providers.

    (j) ``Professional liability insurance'' means insurance providing coverage for legal lia-
bility arising out of the performance of professional services rendered or which should have
been rendered by a health care provider.

    (k) ``Rating organization'' means a corporation, an unincorporated association, a part-
nership or an individual licensed pursuant to K.S.A. 40-930 or 40-1114, or both, and amend-
ments thereto, to make rates for professional liability insurance.

    (l) ``Self-insurer'' means a health care provider who qualifies as a self-insurer pursuant
to K.S.A. 40-3414 and amendments thereto.

    (m) ``Medical care facility'' means the same when used in the health care provider
insurance availability act as the meaning ascribed to that term in K.S.A. 65-425 and amend-
ments thereto, except that as used in the health care provider insurance availability act such
term, as it relates to insurance coverage under the health care provider insurance availability
act, also includes any director, trustee, officer or administrator of a medical care facility.

    (n) ``Mental health center'' means a mental health center licensed by the secretary of
social and rehabilitation services under K.S.A. 75-3307b and amendments thereto, except
that as used in the health care provider insurance availability act such term, as it relates to
insurance coverage under the health care provider insurance availability act, also includes
any director, trustee, officer or administrator of a mental health center.

    (o) ``Mental health clinic'' means a mental health clinic licensed by the secretary of
social and rehabilitation services under K.S.A. 75-3307b and amendments thereto, except
that as used in the health care provider insurance availability act such term, as it relates to
insurance coverage under the health care provider insurance availability act, also includes
any director, trustee, officer or administrator of a mental health clinic.

    (p) ``State institution for the mentally retarded'' means Winfield state hospital and train-
ing center, Parsons state hospital and training center and the Kansas neurological institute.

    (q) ``State psychiatric hospital'' means Larned state hospital, Osawatomie state hospital,
Rainbow mental health facility and Topeka state hospital.

    (r) ``Person engaged in residency training'' means:

    (1) A person engaged in a postgraduate training program approved by the state board
of healing arts who is employed by and is studying at the university of Kansas medical center
only when such person is engaged in medical activities which do not include extracurricular,
extra-institutional medical service for which such person receives extra compensation and
which have not been approved by the dean of the school of medicine and the executive
vice-chancellor of the university of Kansas medical center. Persons engaged in residency
training shall be considered resident health care providers for purposes of K.S.A. 40-3401
et seq., and amendments thereto; and

    (2) a person engaged in a postgraduate training program approved by the state board
of healing arts who is employed by a nonprofit corporation organized to administer the
graduate medical education programs of community hospitals or medical care facilities af-
filiated with the university of Kansas school of medicine or who is employed by an affiliate
of the university of Kansas school of medicine as defined in K.S.A. 76-367 and amendments
thereto only when such person is engaged in medical activities which do not include extra-
curricular, extra-institutional medical service for which such person receives extra compen-
sation and which have not been approved by the chief operating officer of the nonprofit
corporation or the chief operating officer of the affiliate and the executive vice-chancellor
of the university of Kansas medical center.

    (s) ``Full-time physician faculty employed by the university of Kansas medical center''
means a person licensed to practice medicine and surgery who holds a full-time appointment
at the university of Kansas medical center when such person is providing health care.

    (t) ``Sexual act'' or ``sexual activity'' means that sexual conduct which constitutes a crim-
inal or tortious act under the laws of the state of Kansas.

    Sec. 39. K.S.A. 1997 Supp. 40-3403 is hereby amended to read as follows: 40-3403. (a)
For the purpose of paying damages for personal injury or death arising out of the rendering
of or the failure to render professional services by a health care provider, self-insurer or
inactive health care provider subsequent to the time that such health care provider or
self-insurer has qualified for coverage under the provisions of this act, there is hereby es-
tablished the health care stabilization fund. The fund shall be held in trust in the state
treasury and accounted for separately from other state funds. The board of governors shall
administer the fund or contract for the administration of the fund with an insurance company
authorized to do business in this state.

    (b) (1) There is hereby created a board of governors which shall be composed of such
members and shall have such powers, duties and functions as are prescribed by this act.
The board of governors shall:

    (A) Administer the fund and exercise and perform other powers, duties and functions
required of the board under the health care provider insurance availability act;

    (B) provide advice, information and testimony to the appropriate licensing or discipli-
nary authority regarding the qualifications of a health care provider;

    (C) prepare and publish, on or before October 1 of each year, a summary of the fund's
activity during the preceding fiscal year, including but not limited to the amount collected
from surcharges, the highest and lowest surcharges assessed, the amount paid from the
fund, the number of judgments paid from the fund, the number of settlements paid from
the fund and the amount in the fund at the end of the fiscal year; and

    (D) have the authority to grant exemptions from the provisions of subsection (m) of this
section when a health care provider temporarily leaves the state for the purpose of obtaining
additional education or training or to participate in religious, humanitarian or government
service programs. Whenever a health care provider has previously left the state for one of
the reasons specified in this paragraph and returns to the state and recommences practice,
the board of governors may refund any amount paid by the health care provider pursuant
to subsection (m) of this section if no claims have been filed against such health care provider
during the provider's temporary absence from the state.

    (2) The board shall consist of 10 persons appointed by the commissioner of insurance,
as provided by this subsection (b) and as follows:

    (A) Three members who are licensed to practice medicine and surgery in Kansas who
are doctors of medicine and who are on a list of nominees submitted to the commissioner
by the Kansas medical society;

    (B) three members who are representatives of Kansas hospitals and who are on a list of
nominees submitted to the commissioner by the Kansas hospital association;

    (C) two members who are licensed to practice medicine and surgery in Kansas who are
doctors of osteopathic medicine and who are on a list of nominees submitted to the com-
missioner by the Kansas association of osteopathic medicine;

    (D) one member who is licensed to practice chiropractic in Kansas and who is on a list
of nominees submitted to the commissioner by the Kansas chiropractic association;

    (E) one member who is a licensed professional nurse authorized to practice as a reg-
istered nurse anesthetist who is on a list of nominees submitted to the commissioner by the
Kansas association of nurse anesthetists.

    (3) When a vacancy occurs in the membership of the board of governors created by this
act, the commissioner shall appoint a successor of like qualifications from a list of three
nominees submitted to the commissioner by the professional society or association pre-
scribed by this section for the category of health care provider required for the vacant
position on the board of governors. All appointments made shall be for a term of office of
four years, but no member shall be appointed for more than two successive four-year terms.
Each member shall serve until a successor is appointed and qualified. Whenever a vacancy
occurs in the membership of the board of governors created by this act for any reason other
than the expiration of a member's term of office, the commissioner shall appoint a successor
of like qualifications to fill the unexpired term. In each case of a vacancy occurring in the
membership of the board of governors, the commissioner shall notify the professional society
or association which represents the category of health care provider required for the vacant
position and request a list of three nominations of health care providers from which to make
the appointment.

    (4) The board of governors shall organize on July 1 of each year and shall elect a chair-
person and vice-chairperson from among its membership. Meetings shall be called by the
chairperson or by a written notice signed by three members of the board.

    (5) The board of governors, in addition to other duties imposed by this act, shall study
and evaluate the operation of the fund and make such recommendations to the legislature
as may be appropriate to ensure the viability of the fund.

    (6) (A) The board shall appoint an executive director who shall be in the unclassified
service under the Kansas civil service act.

    (b) (B) The board may appoint such additional employees, and provide all office space,
services, equipment, materials and supplies, and all budgeting, personnel, purchasing and
related management functions required by the board in the exercise of the powers, duties
and functions imposed or authorized by the health care provider insurance availability act
or may enter into a contract with the commissioner of insurance for the provision, by the
commissioner, of all or any part thereof.

    (7) The commissioner shall:

    (A) Provide technical and administrative assistance to the board of governors with re-
spect to administration of the fund upon request of the board;

    (B) provide such expertise as the board may reasonably request with respect to evalu-
ation of claims or potential claims.

    (c) Subject to subsections (d), (e), (f), (i), (k), (m), (n), (o), (p) and (q), the fund shall
be liable to pay: (1) Any amount due from a judgment or settlement which is in excess of
the basic coverage liability of all liable resident health care providers or resident self-insurers
for any personal injury or death arising out of the rendering of or the failure to render
professional services within or without this state;

    (2) subject to the provisions of subsection (m), any amount due from a judgment or
settlement which is in excess of the basic coverage liability of all liable nonresident health
care providers or nonresident self-insurers for any such injury or death arising out of the
rendering or the failure to render professional services within this state but in no event shall
the fund be obligated for claims against nonresident health care providers or nonresident
self-insurers who have not complied with this act or for claims against nonresident health
care providers or nonresident self-insurers that arose outside of this state;

    (3) subject to the provisions of subsection (m), any amount due from a judgment or
settlement against a resident inactive health care provider, an optometrist or pharmacist
who purchased coverage pursuant to subsection (n) or a physical therapist who purchased
coverage pursuant to subsection (o), for any such injury or death arising out of the rendering
of or failure to render professional services;

    (4) subject to the provisions of subsection (m), any amount due from a judgment or
settlement against a nonresident inactive health care provider, an optometrist or pharmacist
who purchased coverage pursuant to subsection (n) or a physical therapist who purchased
coverage pursuant to subsection (o), for any injury or death arising out of the rendering or
failure to render professional services within this state, but in no event shall the fund be
obligated for claims against: (A) Nonresident inactive health care providers who have not
complied with this act; or (B) nonresident inactive health care providers for claims that arose
outside of this state, unless such health care provider was a resident health care provider or
resident self-insurer at the time such act occurred;

    (5) subject to subsection (b) of K.S.A. 40-3411, and amendments thereto, reasonable
and necessary expenses for attorney fees incurred in defending the fund against claims;

    (6) any amounts expended for reinsurance obtained to protect the best interests of the
fund purchased by the board of governors, which purchase shall be subject to the provisions
of K.S.A. 75-3738 through 75-3744, and amendments thereto, but shall not be subject to
the provisions of K.S.A. 75-4101 and amendments thereto;

    (7) reasonable and necessary actuarial expenses incurred in administering the act, in-
cluding expenses for any actuarial studies contracted for by the legislative coordinating
council, which expenditures shall not be subject to the provisions of K.S.A. 75-3738 through
75-3744, and amendments thereto;

    (8) periodically to the plan or plans, any amount due pursuant to subsection (a)(3) of
K.S.A. 40-3413 and amendments thereto;

    (9) reasonable and necessary expenses incurred by the board of governors in the ad-
ministration of the fund or in the performance of other powers, duties or functions of the
board under the health care provider insurance availability act;

    (10) return of any unearned surcharge;

    (11) subject to subsection (b) of K.S.A. 40-3411, and amendments thereto, reasonable
and necessary expenses for attorney fees and other costs incurred in defending a person
engaged or who was engaged in residency training or the private practice corporations or
foundations and their full-time physician faculty employed by the university of Kansas med-
ical center from claims for personal injury or death arising out of the rendering of or the
failure to render professional services by such health care provider;

    (12) notwithstanding the provisions of subsection (m), any amount due from a judgment
or settlement for an injury or death arising out of the rendering of or failure to render
professional services by a person engaged or who was engaged in residency training or the
private practice corporations or foundations and their full-time physician faculty employed
by the university of Kansas medical center;

    (13) subject to the provisions of K.S.A. 65-429 and amendments thereto, reasonable
and necessary expenses for the development and promotion of risk management education
programs and for the medical care facility licensure and risk management survey functions
carried out under K.S.A. 65-429 and amendments thereto;

    (14) notwithstanding the provisions of subsection (m), any amount, but not less than
the required basic coverage limits, owed pursuant to a judgment or settlement for any injury
or death arising out of the rendering of or failure to render professional services by a person,
other than a person described in clause (12) of this subsection (c), who was engaged in a
postgraduate program of residency training approved by the state board of healing arts but
who, at the time the claim was made, was no longer engaged in such residency program;

    (15) subject to subsection (b) of K.S.A. 40-3411, and amendments thereto, reasonable
and necessary expenses for attorney fees and other costs incurred in defending a person
described in clause (14) of this subsection (c);

    (16) expenses incurred by the commissioner in the performance of duties and functions
imposed upon the commissioner by the health care provider insurance availability act, and
expenses incurred by the commissioner in the performance of duties and functions under
contracts entered into between the board and the commissioner as authorized by this sec-
tion; and

    (17) periodically to the state general fund reimbursements of amounts paid to members
of the health care stabilization fund oversight committee for compensation, travel expenses
and subsistence expenses pursuant to subsection (e) of K.S.A. 40-3403b, and amendments
thereto.

    (d) All amounts for which the fund is liable pursuant to subsection (c) shall be paid
promptly and in full except that, if the amount for which the fund is liable is $300,000 or
more, it shall be paid, by installment payments of $300,000 or 10% of the amount of the
judgment including interest thereon, whichever is greater, per fiscal year, the first install-
ment to be paid within 60 days after the fund becomes liable and each subsequent install-
ment to be paid annually on the same date of the year the first installment was paid, until
the claim has been paid in full. Any attorney fees payable from such installment shall be
similarly prorated.

    (e) In no event shall the fund be liable to pay in excess of $3,000,000 pursuant to any
one judgment or settlement against any one health care provider relating to any injury or
death arising out of the rendering of or the failure to render professional services on and
after July 1, 1984, and before July 1, 1989, subject to an aggregate limitation for all judgments
or settlements arising from all claims made in any one fiscal year in the amount of $6,000,000
for each health care provider.

    (f) The fund shall not be liable to pay in excess of the amounts specified in the option
selected by the health care provider pursuant to subsection (l) for judgments or settlements
relating to injury or death arising out of the rendering of or failure to render professional
services by such health care provider on or after July 1, 1989.

    (g) A health care provider shall be deemed to have qualified for coverage under the
fund:

    (1) On and after July 1, 1976, if basic coverage is then in effect;

    (2) subsequent to July 1, 1976, at such time as basic coverage becomes effective; or

    (3) upon qualifying as a self-insurer pursuant to K.S.A. 40-3414 and amendments
thereto.

    (h) A health care provider who is qualified for coverage under the fund shall have no
vicarious liability or responsibility for any injury or death arising out of the rendering of or
the failure to render professional services inside or outside this state by any other health
care provider who is also qualified for coverage under the fund. The provisions of this
subsection shall apply to all claims filed on or after July 1, 1986.

    (i) Notwithstanding the provisions of K.S.A. 40-3402 and amendments thereto, if the
board of governors determines due to the number of claims filed against a health care
provider or the outcome of those claims that an individual health care provider presents a
material risk of significant future liability to the fund, the board of governors is authorized
by a vote of a majority of the members thereof, after notice and an opportunity for hearing
in accordance with the provisions of the Kansas administrative procedure act, to terminate
the liability of the fund for all claims against the health care provider for damages for death
or personal injury arising out of the rendering of or the failure to render professional services
after the date of termination. The date of termination shall be 30 days after the date of the
determination by the board of governors. The board of governors, upon termination of the
liability of the fund under this subsection, shall notify the licensing or other disciplinary
board having jurisdiction over the health care provider involved of the name of the health
care provider and the reasons for the termination.

    (j) (1) Upon the payment of moneys from the health care stabilization fund pursuant
to subsection (c)(11), the board of governors shall certify to the director of accounts and
reports the amount of such payment, and the director of accounts and reports shall transfer
an amount equal to the amount certified, reduced by any amount transferred pursuant to
paragraph (3) of this subsection (j), from the state general fund to the health care stabili-
zation fund.

    (2) Upon the payment of moneys from the health care stabilization fund pursuant to
subsection (c)(12), the board of governors shall certify to the director of accounts and reports
the amount of such payment which is equal to the basic coverage liability of self-insurers,
and the director of accounts and reports shall transfer an amount equal to the amount
certified, reduced by any amount transferred pursuant to paragraph (3) of this subsection
(j), from the state general fund to the health care stabilization fund.

    (3) The university of Kansas medical center private practice foundation reserve fund is
hereby established in the state treasury. If the balance in such reserve fund is less than
$500,000 on July 1 of any year, the private practice corporations or foundations referred to
in subsection (c) of K.S.A. 40-3402, and amendments thereto, shall remit the amount nec-
essary to increase such balance to $500,000 to the state treasurer for credit to such reserve
fund as soon after such July 1 date as is practicable. Upon receipt of each such remittance,
the state treasurer shall credit the same to such reserve fund. When compliance with the
foregoing provisions of this paragraph have been achieved on or after July 1 of any year in
which the same are applicable, the state treasurer shall certify to the board of governors
that such reserve fund has been funded for the year in the manner required by law. Moneys
in such reserve fund may be invested or reinvested in accordance with the provisions of
K.S.A. 40-3406, and amendments thereto, and any income or interest earned by such in-
vestments shall be credited to such reserve fund. Upon payment of moneys from the health
care stabilization fund pursuant to subsection (c)(11) or (c)(12) with respect to any private
practice corporation or foundation or any of its full-time physician faculty employed by the
university of Kansas, the director of accounts and reports shall transfer an amount equal to
the amount paid from the university of Kansas medical center private practice foundation
reserve fund to the health care stabilization fund or, if the balance in such reserve fund is
less than the amount so paid, an amount equal to the balance in such reserve fund.

    (4) Upon payment of moneys from the health care stabilization fund pursuant to sub-
section (c)(14) or (c)(15), the board of governors shall certify to the director of accounts
and reports the amount of such payment, and the director of accounts and reports shall
transfer an amount equal to the amount certified from the state general fund to the health
care stabilization fund.

    (k) Notwithstanding any other provision of the health care provider insurance availability
act, no psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto shall
be assessed a premium surcharge or be entitled to coverage under the fund if such hospital
has not paid any premium surcharge pursuant to K.S.A. 40-3404 and amendments thereto
prior to January 1, 1988.

    (l) On or after July 1, 1989, every health care provider shall make an election to be
covered by one of the following options provided in this subsection (l) which shall limit the
liability of the fund with respect to judgments or settlements relating to injury or death
arising out of the rendering of or failure to render professional services on or after July 1,
1989. Such election shall be made at the time the health care provider renews the basic
coverage in effect on July 1, 1989, or, if basic coverage is not in effect, such election shall
be made at the time such coverage is acquired pursuant to K.S.A. 40-3402, and amendments
thereto. Notice of the election shall be provided by the insurer providing the basic coverage
in the manner and form prescribed by the board of governors and shall continue to be
effective from year to year unless modified by a subsequent election made prior to the
anniversary date of the policy. The health care provider may at any subsequent election
reduce the dollar amount of the coverage for the next and subsequent fiscal years, but may
not increase the same, unless specifically authorized by the board of governors. Any election
of fund coverage limits, whenever made, shall be with respect to judgments or settlements
relating to injury or death arising out of the rendering of or failure to render professional
services on or after the effective date of such election of fund coverage limits. Such election
shall be made for persons engaged in residency training and persons engaged in other
postgraduate training programs approved by the state board of healing arts at medical care
facilities or mental health centers in this state by the agency or institution paying the sur-
charge levied under K.S.A. 40-3404, and amendments thereto, for such persons. Such op-
tions shall be as follows:

    (1) OPTION 1. The fund shall not be liable to pay in excess of $100,000 pursuant to
any one judgment or settlement for any party against such health care provider, subject to
an aggregate limitation for all judgments or settlements arising from all claims made in the
fiscal year in an amount of $300,000 for such provider.

    (2) OPTION 2. The fund shall not be liable to pay in excess of $300,000 pursuant to
any one judgment or settlement for any party against such health care provider, subject to
an aggregate limitation for all judgments or settlements arising from all claims made in the
fiscal year in an amount of $900,000 for such provider.

    (3) OPTION 3. The fund shall not be liable to pay in excess of $800,000 pursuant to
any one judgment or settlement for any party against such health care provider, subject to
an aggregate limitation for all judgments or settlements arising from all claims made in the
fiscal year in an amount of $2,400,000 for such health care provider.

    (m) The fund shall not be liable for any amounts due from a judgment or settlement
against resident or nonresident inactive health care providers who first qualify as an inactive
health care provider on or after July 1, 1989, unless such health care provider has been in
compliance with K.S.A. 40-3402, and amendments thereto, for a period of not less than five
years. If a health care provider has not been in compliance for five years, such health care
provider may make application and payment for the coverage for the period while they are
nonresident health care providers, nonresident self-insurers or resident or nonresident in-
active health care providers to the fund. Such payment shall be made within 30 days after
the health care provider ceases being an active health care provider and shall be made in
an amount determined by the board of governors to be sufficient to fund anticipated claims
based upon reasonably prudent actuarial principles. The provisions of this subsection shall
not be applicable to any health care provider which becomes inactive through death or
retirement, or through disability or circumstances beyond such health care provider's con-
trol, if such health care provider notifies the board of governors and receives approval for
an exemption from the provisions of this subsection. Any period spent in a postgraduate
program of residency training approved by the state board of healing arts shall not be
included in computation of time spent in compliance with the provisions of K.S.A. 40-3402,
and amendments thereto.

    (n) Notwithstanding the provisions of subsection (m) or any other provision in article
34 of chapter 40 of the Kansas Statutes Annotated to the contrary, the fund shall not be
liable for any claim made on or after July 1, 1991, against a licensed optometrist or phar-
macist relating to any injury or death arising out of the rendering of or failure to render
professional services by such optometrist or pharmacist prior to July 1, 1991, unless such
optometrist or pharmacist qualified as an inactive health care provider prior to July 1, 1991.

    (o) Notwithstanding the provisions of subsection (m) or any other provision in article
34 of chapter 40 of the Kansas Statutes Annotated to the contrary, the fund shall not be
liable for any claim made on or after July 1, 1995, against a physical therapist registered
licensed by the state board of healing arts relating to any injury or death arising out of the
rendering of or failure to render professional services by such physical therapist prior to
July 1, 1995, unless such physical therapist qualified as an inactive health care provider prior
to July 1, 1995.

    (p) Notwithstanding the provisions of subsection (m) or any other provision in article
34 of chapter 40 of the Kansas Statutes Annotated to the contrary, the fund shall not be
liable for any claim made on or after July 1, 1997, against a health maintenance organization
relating to any injury or death arising out of the rendering of or failure to render professional
services by such health maintenance organization prior to July 1, 1997, unless such health
maintenance organization qualified as an inactive health care provider prior to July 1, 1997,
and obtained coverage pursuant to subsection (m). Health maintenance organizations not
qualified as inactive health care providers prior to July 1, 1997, may purchase coverage from
the fund for periods of prior compliance by making application prior to August 1, 1997, and
payment within 30 days from notice of the calculated amount as determined by the board
of governors to be sufficient to fund anticipated claims based on reasonably prudent actuarial
principles.

    (q) Notwithstanding anything in article 34 of chapter 40 of the Kansas Statutes Anno-
tated to the contrary, the fund shall in no event be liable for any claims against any health
care provider based upon or relating to the health care provider's sexual acts or activity, but
in such cases the fund may pay reasonable and necessary expenses for attorney fees incurred
in defending the fund against such claim. The fund may recover all or a portion of such
expenses for attorney fees if an adverse judgment is returned against the health care provider
for damages resulting from the health care provider's sexual acts or activity.

    Sec. 40. K.S.A. 60-513d is hereby amended to read as follows: 60-513d. As used in
K.S.A. 60-513 and 60-513b, and amendments to such statutes, the term ``health care pro-
vider'' means a person licensed to practice any branch of the healing arts, a person who
holds a temporary permit to practice any branch of the healing arts, a person engaged in a
postgraduate training program approved by the state board of healing arts, a licensed medical
care facility, a health maintenance organization, a licensed dentist, a licensed professional
nurse, a licensed practical nurse, a licensed optometrist, a licensed podiatrist, a professional
corporation organized pursuant to the professional corporation law of Kansas by persons
who are authorized by such law to form such a corporation and who are health care providers
as defined by this section, a licensed pharmacist or a registered licensed physical therapist.

    Sec. 41. K.S.A. 60-2609 is hereby amended to read as follows: 60-2609. (a) Whenever
judgment is entered on a claim in any action for recovery of damages for personal injury or
death arising out of the rendering of or the failure to render professional services by any
health care provider, the court may include in such judgment a requirement that the dam-
ages awarded be paid in whole or in part by installment or periodic payments, and any
installment or periodic payment upon becoming due and payable under the terms of any
such judgment shall constitute a separate judgment upon which execution may issue. Any
judgment ordering any such payments shall specify the amount of each payment, the interval
between payments and the number of payments to be paid under the judgment. For good
cause shown, the court may modify such judgment with respect to the amount of such
payments and the number of payments to be made or the interval between payments, but
the total amount of damages awarded by such judgment shall not be subject to modification
in any event.

    (b) As used in this section, ``health care provider'' means a person licensed to practice
any branch of the healing arts, a person who holds a temporary permit to practice any branch
of the healing arts or a person engaged in a postgraduate training program approved by the
state board of healing arts, a licensed medical care facility, a health maintenance organiza-
tion, a licensed dentist, a licensed professional nurse, a licensed practical nurse, a licensed
optometrist, a licensed podiatrist, a licensed pharmacist, a professional corporation organ-
ized pursuant to the professional corporation law of Kansas by persons who are authorized
by such law to form such a corporation and who are health care providers as defined by this
subsection, a registered licensed physical therapist or an officer, employee or agent thereof
acting in the course and scope of employment or agency.

    Sec. 42. K.S.A. 1997 Supp. 65-1902 is hereby amended to read as follows: 65-1902. (a)
Except as provided in subsection (b), no person shall:

    (1) Engage in practice of cosmetology, esthetics, manicuring or electrology unless the
person holds a valid license, issued by the board, to engage in that practice;

    (2) conduct a school for teaching cosmetology unless the person holds a valid license,
issued by the board, to conduct the school;

    (3) teach cosmetology in a licensed school unless the person holds a valid cosmetology
instructor's license issued by the board;

    (4) conduct a school for teaching nail technology unless the person holds a valid license,
issued by the board, to conduct the school;

    (5) teach nail technology in a licensed school unless the person holds a valid cosmetology
or manicuring instructor's license issued by the board;

    (6) conduct a school for teaching electrology unless the person holds a valid license,
issued by the board, to conduct the school;

    (7) teach electrology in a licensed school or clinic unless the person holds a valid elec-
trology instructor's license issued by the board;

    (8) conduct a school for teaching esthetics unless the person holds a valid license, issued
by the board, to conduct the school; or

    (9) teach esthetics in a licensed school unless the person holds a valid cosmetology or
esthetics instructor's license issued by the board.

    (b) The provisions of this act shall not apply to:

    (1) Any person licensed as a barber or apprentice barber;

    (2) any person licensed to practice medicine and surgery, optometry, nursing or den-
tistry, while engaged in that practice;

    (3) any person who is a registered licensed physical therapist; or

    (4) any teacher while engaged in instructing elementary or secondary school students
in the proper care of their own persons.

    (c) A person holding a license as a cosmetology technician on the day immediately
preceding the effective date of this act shall continue to be a licensed cosmetology technician
and perform the functions of a cosmetology technician, as such term was defined immedi-
ately prior to the effective date of this act, and may renew such license subject to the
payment of fees and other conditions and limitations on the renewal of licenses under article
19 of chapter 65 of the Kansas Statutes Annotated and acts amendatory of the provisions
thereof.

    Sec. 43. K.S.A. 1997 Supp. 65-2891 is hereby amended to read as follows: 65-2891. (a)
Any health care provider who in good faith renders emergency care or assistance at the
scene of an emergency or accident including treatment of a minor without first obtaining
the consent of the parent or guardian of such minor shall not be liable for any civil damages
for acts or omissions other than damages occasioned by gross negligence or by willful or
wanton acts or omissions by such person in rendering such emergency care.

    (b) Any health care provider may render in good faith emergency care or assistance,
without compensation, to any minor requiring such care or assistance as a result of having
engaged in competitive sports, without first obtaining the consent of the parent or guardian
of such minor. Such health care provider shall not be liable for any civil damages other than
damages occasioned by gross negligence or by willful or wanton acts or omissions by such
person in rendering such emergency care.

    (c) Any health care provider may in good faith render emergency care or assistance
during an emergency which occurs within a hospital or elsewhere, with or without compen-
sation, until such time as the physician employed by the patient or by the patient's family
or by guardian assumes responsibility for such patient's professional care. The health care
provider rendering such emergency care shall not be held liable for any civil damages other
than damages occasioned by negligence.

    (d) Any provision herein contained notwithstanding, the ordinary standards of care and
rules of negligence shall apply in those cases wherein emergency care and assistance is
rendered in any physician's or dentist's office, clinic, emergency room or hospital with or
without compensation.

    (e) As used in this section the term ``health care provider'' means any person licensed
to practice any branch of the healing arts, licensed dentist, licensed optometrist, licensed
professional nurse, licensed practical nurse, licensed podiatrist, licensed pharmacist and
registered licensed physical therapist, and any physician's assistant who has successfully
completed an American medical association approved training program and has successfully
completed the national board examination for physicians' assistants of the American board
of medical examiners, any person who holds a valid attendant's certificate under K.S.A.
65-6129, and amendments thereto, any person who holds a valid certificate for the successful
completion of a course in first aid offered or approved by the American red cross, by the
American heart association, by the mining enforcement and safety administration of the
bureau of mines of the department of interior, by the national safety council or by any
instructor-coordinator, as defined in K.S.A. 65-6112, and amendments thereto, and any
person engaged in a postgraduate training program approved by the state board of healing
arts.

    Sec. 44. K.S.A. 1997 Supp. 65-5912 is hereby amended to read as follows: 65-5912. (a)
Nothing in this act shall be construed to require any insurer or other entity regulated under
chapter 40 of the Kansas Statutes Annotated or any other law of this state to provide coverage
for or indemnify for the services provided by a person licensed under this act.

    (b) So long as the following persons do not hold themselves out to the public to be
dietitians or licensed dietitians or use these titles in combination with other titles or use the
abbreviation L.D., or any combination thereof, nothing in this act shall be construed to
apply:

    (1) To any person licensed to practice the healing arts, a licensed dentist, a licensed
dental hygienist, a licensed professional nurse, a licensed practical nurse, a licensed psy-
chologist, a licensed masters level psychologist, a licensed pharmacist or an employee
thereof, a physician's assistant, a licensed professional counselor;

    (2) to any unlicensed employee of a licensed adult care home or a licensed medical care
facility as long as such person is working under the general direction of a licensee in the
healing arts, nursing or a dietetic services supervisor as defined in regulations adopted by
the secretary of health and environment or a consultant licensed under this act;

    (3) to any dietetic technician or dietetic assistant;

    (4) to any student enrolled in an approved academic program in dietetics, home eco-
nomics, nutrition, education or other like curriculum, while engaged in such academic pro-
gram;

    (5) to prevent any person, including persons employed in health food stores, from fur-
nishing nutrition information as to the use of food, food materials or dietary supplements,
nor to prevent in any way the free dissemination of information or of literature as long as
no individual engaged in such practices holds oneself out as being licensed under this act;

    (6) to prohibit any individual from marketing or distributing food products, including
dietary supplements, or to prevent any such person from providing information to customers
regarding the use of such products;

    (7) to prevent any employee of the state or a political subdivision who is employed in
nutrition-related programs from engaging in activities included within the definition of di-
etetics practice as a part of such person's employment;

    (8) to any person who performs the activities and services of a licensed dietitian or
nutrition educator as an employee of the state or a political subdivision, an elementary or
secondary school, an educational institution, a licensed institution, or a not-for-profit organ-
ization;

    (9) to any person serving in the armed forces, the public health service, the veterans
administration or as an employee of the federal government;

    (10) to any person who has a degree in home economics insofar as the activities of such
person are within the scope of such person's education and training;

    (11) to any person who counsels or provides weight-control services as a part of a fran-
chised or recognized weight-control program or a weight-control program that operates
under the general direction of a person licensed to practice the healing arts, nursing or a
person licensed under this act;

    (12) to any person who is acting as a representative of a trade association and who
engages in one or more activities included within the practice of dietetics as a representative
of such association;

    (13) to a registered licensed physical therapist who makes a dietetic or nutritional as-
sessment or gives dietetic or nutritional advice in the normal practice of such person's
profession or as otherwise authorized by law;

    (14) to a dietitian licensed, registered or otherwise authorized to practice dietetics in
another state who is providing consultation in this state;

    (15) to any person conducting a teaching clinical demonstration which is carried out in
an educational institution or an affiliated clinical facility or health care agency;

    (16) to any person conducting classes or disseminating information relating to nonmed-
ical nutrition; or

    (17) to any person permitted to practice under K.S.A. 65-2872a and amendments
thereto.

    (c) Nothing in this act shall be construed to interfere with the religious practices or
observances of a bona fide religious organization, nor to prevent any person from caring for
the sick in accordance with tenets and practices of any church or religious denomination
which teaches reliance upon spiritual means through prayer for healing.

    Sec. 45. K.S.A. 39-952, 40-2,111, 40-12a01, 60-513d, 60-2609, 65-2901, 65-2904, 65-
2905, 65-2907, 65-2908, 65-2909, 65-2910, 65-2912, 65-2914, 65-2918, 65-4116, 65-4921,
65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-5507, 65-5510, 65-5511, 65-5512 and
65-5514 and K.S.A. 1997 Supp. 7-121b, 17-2707, 21-3721, 40-3103, 40-3401, 40-3403, 65-
1902, 65-2891, 65-2906, 65-2913, 65-4915, 65-5508, 65-5509, 65-5912, 74-4916 and 74-
4960a are hereby repealed.'';

    And by renumbering the remaining section accordingly;

    Also on page 27, in line 33, by striking ``1998'' and inserting ``1999'';

    On page 1, in the title, in line 10, after ``ACT'' by inserting ``concerning the state board
of healing arts;''; also in line 10, after ``therapy'' by inserting ``and physical therapy''; in line
11, by striking all after ``39-952,''; by striking all in lines 12 and 13; in line 14, by striking all
before the last ``and'' and inserting: ``40-2,111, 40-12a01, 60-513d, 60-2609, 65-2901, 65-
2904, 65-2905, 65-2907, 65-2908, 65-2909, 65-2910, 65-2912, 65-2914, 65-2918, 65-4116,
65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-5507, 65-5510, 65-5511, 65-5512
and 65-5514 and K.S.A. 1997 Supp. 7-121b, 17-2707, 21-3721, 40-3103, 40-3401, 40-3403,
65-1902, 65-2891, 65-2906, 65-2913, 65-4915, 65-5508, 65-5509, 65-5912, 74-4916 and
74-4960a''; and the bill be passed as amended.

    The Committee on Health and Human Services recommends SB 507, as amended by
Senate Committee of the Whole, be amended on page 1, in line 18, by striking ``K.S.A.''
where it appears for the first time;

    On page 4, following line 23, by inserting the following:

    ``Sec. 3. K.S.A. 65-1631 is hereby amended to read as follows: 65-1631. (a) It shall be
unlawful for any person to practice as a pharmacist in this state unless such person is licensed
by the board as a pharmacist. Except as otherwise provided in subsection (d), every applicant
for licensure as a pharmacist shall be at least 18 years of age, shall be a graduate of a school
or college of pharmacy or department of a university recognized and approved by the board,
shall file proof satisfactory to the board, substantiated by proper affidavits, of a minimum
of one year of pharmaceutical experience, acceptable to the board, under the supervision
of a preceptor and shall pass an examination administered by the board. Pharmaceutical
experience as required in this section shall be under the supervision of a preceptor and shall
be predominantly related to the dispensing of prescription medication, compounding pre-
scriptions, preparing pharmaceutical preparations and keeping records and making reports
required under state and federal statutes. A school or college of pharmacy or department
of a university recognized and approved by the board under this subsection (a) shall have a
standard of education not below that of the university of Kansas school of pharmacy. The
board shall adopt rules and regulations establishing the criteria which a school or college of
pharmacy or department of a university shall satisfy in meeting the standard of education
established under this subsection (a).

    (b) All applications for examinations shall be made on a form to be prescribed and
furnished by the board and shall be filed with the board at least 30 days before examinations
are to be held. Each application must be accompanied by an examination fee fixed by the
board as provided in K.S.A. 65-1645 and amendments thereto unless the board requires the
examination fees be paid directly to an examination service as provided in K.S.A. 65-1645
and amendments thereto. The examination fee established by this section immediately prior
to the effective date of this act shall continue in effect until a different examination fee is
fixed by the board by rules and regulations as provided in K.S.A. 65-1645 and amendments
thereto.

    (c) The board is authorized to adopt rules and regulations relating to the grades which
an applicant must receive in order to pass the examination.

    (d) Notwithstanding the preceding provisions of this section, the board may in its dis-
cretion license as a pharmacist, without examination, any person who is duly registered or
licensed by examination in some other state, except that the board may require that such
person take the law examination administered by the board. Such person shall file proof
satisfactory to the board of having the education and training required of applicants for
licensure under the provisions of the pharmacy act of this state. Persons who are registered
or licensed as pharmacists by examination in other states shall be required to satisfy only
the requirements which existed in this state at the time they become registered or licensed
in such other states. The provisions of this subsection shall apply only if the state in which
the person is registered or licensed grants, under like conditions, reciprocal registrations or
licenses as pharmacists, without examination, to pharmacists duly licensed by examination
in this state. Reciprocal licensure shall not be denied to any applicant otherwise qualified
for reciprocal licensure under this section who has met the internship requirements of the
state from which the applicant is reciprocating or who has at least one year of practice as a
licensed pharmacist. A reciprocal licensure may be denied for any of the reasons set forth
in subsections (a)(1) through (a)(13) of K.S.A. 65-1627 and amendments thereto.

    (e) In the event that an applicant for reciprocal licensure has not been subject to laws
requiring continuing education as a condition for renewal of a registration or license, such
applicant shall be required to satisfy the board through a competency examination that the
applicant has the knowledge and ability to meet Kansas standards for licensure as a phar-
macist.

    (f) No applicant who has taken the examination for licensure given by the board and
has failed to complete it successfully shall be considered for licensure by reciprocity within
one year from the date such applicant sat for the examination.

    (g) All applicants for reciprocal licensure shall file their applications on a form to be
prescribed and furnished by the board and such application shall be accompanied by a
reciprocal licensure fee fixed by the board as provided in K.S.A. 65-1645 and amendments
thereto. The reciprocal licensure fee established by this section immediately prior to the
effective date of this act shall continue in effect until a different reciprocal licensure fee is
fixed by the board by rules and regulations as provided in K.S.A. 65-1645 and amendments
thereto.

    (h) The board shall take into consideration any felony conviction of such person, but
such conviction shall not automatically operate as a bar to licensure.

    (i) All applicants for licensure who graduate from a school or college of pharmacy out-
side the United States or who graduate from a school or college of pharmacy not approved
by the board shall submit information to the board, as specified by rules and regulations,
and this information shall be accompanied by an evaluation fee fixed by the board as pro-
vided in K.S.A. 65-1645 and amendments thereto, which evaluation fee shall be in addition
to any other fee paid by the applicant under the pharmacy act of the state of Kansas. The
evaluation fee fixed by the board under this section immediately prior to the effective date
of this act shall continue in effect until a different evaluation fee is fixed by the board by
rules and regulations as provided in K.S.A. 65-1645 and amendments thereto. The board
may contract with investigative agencies, commissions or consultants to assist the board in
obtaining information about such schools or colleges of pharmacy. In entering such contracts
the authority to approve schools or colleges of pharmacy shall remain solely with the board.

    (j) All applicants for licensure who graduate from a school or college of pharmacy out-
side the United States or who are not citizens of the United States shall provide proof to
the board that the applicant has a reasonable ability to communicate with the general public
in English. The board may require such applicant to take the test of English as a foreign
language and to attain the grade for passing such test as established by the board by rules
and regulations.

    (k) Every registered pharmacist holding a valid registration as a pharmacist in effect on
the day preceding the effective date of this act shall be deemed to be a licensed pharmacist
under this act, and such person shall not be required to file an original application hereunder
for a license.'';

    And by renumbering sections accordingly;

    On page 8, after line 43, by inserting the following:

    ``(g) The board may require that fees paid for any examination under the pharmacy act
of the state of Kansas be paid directly to the examination service by the person taking the
examination.'';

    On page 9, in line 17, by inserting before ``65-1632'' the following: ``65-1631,'';

    Also on page 9, in line 20, by striking ``statute book'' and inserting ``Kansas register'';

    On page 1, in the title, in line 14, by inserting before ``65-1632'' the following: ``65-1631,'';
and the bill be passed as amended.

    The Committee on Judiciary recommends SB 536, as amended by Senate Committee,
be amended on page 38, in line 16, before ``under'' by inserting ``for care and treatment'';

    On page 39, in line 12, by striking ``or'' and inserting a comma; also in line 12, after
``psychologist'' by inserting ``or qualified mental health professional otherwise authorized by
law to diagnose mental disorders'';

    On page 47, after line 4, by inserting the following:

    ``Sec. 51. K.S.A. 1997 Supp. 59-2972 is hereby amended to read as follows: 59-2972.
(a) Except as provided in subsection (c), The secretary of social and rehabilitation services
or the secretary's designee may transfer any patient from any state psychiatric hospital under
the secretary's control to any other state psychiatric hospital whenever the secretary or the
secretary's designee considers it to be in the best interests of the patient. Except in the case
of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been
appointed, shall be notified of the transfer, and notice shall be sent to the committing court
not less than 14 days before the proposed transfer. The notice shall name the hospital to
which the patient is proposed to be transferred to and state that, upon request of the spouse
or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer
will be provided by the secretary of social and rehabilitation services prior to such transfer.

    (b) Except as provided in subsection (c), The secretary of social and rehabilitation serv-
ices or the designee of the secretary may transfer any involuntary patient from any state
psychiatric hospital to any state institution for the mentally retarded whenever the secretary
of social and rehabilitation services or the designee of the secretary considers it to be in the
best interests of the patient. Any patient transferred as provided for in this subsection shall
remain subject to the same statutory provisions as were applicable at the psychiatric hospital
from which the patient was transferred and in addition thereto shall abide by and be subject
to all the rules and regulations of the retardation institution to which the patient has been
transferred. Except in the case of an emergency, the patient's spouse or nearest relative or
legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall
be sent to the committing court not less than 14 days before the proposed transfer. The
notice shall name the institution to which the patient is proposed to be transferred to and
state that, upon request of the spouse or nearest relative or legal guardian, an opportunity
for a hearing on the proposed transfer will be provided by the secretary of social and re-
habilitation services prior to such transfer. No patient shall be transferred from a state
psychiatric hospital to a state institution for the mentally retarded unless the superintendent
of the receiving institution has found, pursuant to K.S.A. 76-12b01 through 76-12b11 and
amendments thereto, that the patient is mentally retarded and in need of care and training
and that placement in the institution is the least restrictive alternative available. Nothing in
this subsection shall prevent the secretary of social and rehabilitation services or the designee
of the secretary from allowing a patient at a state psychiatric hospital to be admitted as a
voluntary resident to a state institution for the mentally retarded, or from then discharging
such person from the state psychiatric hospital pursuant to K.S.A. 1997 Supp. 59-2973 and
amendments thereto, as may be appropriate.

    (c) At all times, any person admitted to or detained at a state psychiatric hospital upon
an application made pursuant to K.S.A. 1997 Supp. 59-2954, and amendments thereto, or
an order issued pursuant to K.S.A. 1997 Supp. 59-2958, 59-2959, 59-2964, 59-2966 or 59-
2969, and amendments thereto, and who is alleged to be or who has been determined to
be a mentally ill person subject to involuntary commitment for care and treatment, as
defined in subsection (f)(1)(B) of K.S.A. 1997 Supp. 59-2946, and amendments thereto,
shall be kept in a separate secure facility or building and segregated at all times from any
other patient alleged to be or who has been determined to be a mentally ill person subject
to involuntary commitment for care and treatment, as defined in subsection (f)(1)(A) of
K.S.A. 1997 Supp. 59-2946, and amendments thereto. The provisions of this subsection (c)
shall be effective on the date of the issuance by the United States supreme court of an
opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds
the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire
on June 30, 1998.'';

    And by renumbering sections accordingly;

    Also on page 47, in line 10, before ``59-2985'' by inserting ``59-2972,'';

    In the title, on page 1, in line 14, by striking ``and'' where it appears for the first time and
inserting a comma; also in line 14, after ``59-2969'' by inserting ``and 59-2972''; in line 19,
after ``Supp.'' by inserting ``59-2946a,''; in line 25, by striking ``; also repealing K.S.A. 1997
Supp. 59-2946a''; and the bill be passed as amended.

 The Committee on Taxation recommends SB 602 be passed.

 The Committee on Transportation recommends HB 2993 be passed.

    The Committee on Transportation recommends HB 3014 be amended on page 1, in
line 15, by striking ``is'' and inserting ``, in effect on the effective date of this act, are''; and
the bill be passed as amended.

    The Committee on Transportation recommends SB 593, as amended by Senate Com-
mittee, be amended on page 15, in line 1, by striking ``4.'' and inserting ``3.''; in line 7,
preceding ``Any'' by inserting ``(a)''; following line 20, by inserting the following:

    ``(b) The provisions of this section shall be a part of and supplemental to the vehicle
dealers and manufacturers licensing act.'';

    Also on page 15, in line 21, by striking ``5.'' and inserting ``4.''; in line 23, by striking ``6.''
and inserting ``5.''; and the bill be passed as amended.

REPORT ON ENGROSSED BILLS
 Sub. HB 2210; HB 2418, 2718 reported correctly engrossed March 23, 1998.

REPORT ON ENROLLED BILLS
 HB 2561, 2562, 2635, 2727, 2769, 2787 reported correctly enrolled, properly signed
and presented to the governor on March 24, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Wednesday, March
25, 1998.

CHARLENE SWANSON, Journal Clerk. 
JANET E. JONES, Cheif Clerk.