Chapter 65 — PUBLIC HEALTH

65-4732. History: L. 1980, ch. 196, § 18; Repealed, L. 1987, ch. 232, § 11; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents…

65-4733. History: L. 1982, ch. 271, § 4; Repealed, L. 1987, ch. 232, § 11; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

65-4734. History: L. 1982, ch. 271, § 5; L. 1983, ch. 218, § 1; L. 1984, ch. 245, § 1; Repealed, L. 1987, ch. 232, § 11; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessio…

65-4801. History: L. 1976, ch. 280, § 1; L. 1977, ch. 224, § 1; L. 1978, ch. 260, § 1; L. 1978, ch. 261, § 1; L. 1979, ch. 191, § 1; L. 1980, ch. 197, § 1; L. 1982, ch. 272, § 1; L. 1983, ch. 219, § 1; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Statewide health c…

65-4802. History: L. 1976, ch. 280, § 2; L. 1978, ch. 260, § 2; L. 1979, ch. 191, § 2; L. 1980, ch. 198, § 1; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. General obligation bonds may not be issued under K.S.A. 19-18,128 prior to proper licensing as required by thi…

65-4803. History: L. 1976, ch. 280, § 3; L. 1978, ch. 260, § 3; L. 1979, ch. 191, § 3; L. 1980, ch. 197, § 2; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Application for license must include a certificate of need. Pratt v. Board of Thomas County Comm'rs, 226 Kan. …

65-4804. History: L. 1976, ch. 280, § 4; L. 1979, ch. 191, § 4; L. 1984, ch. 246, § 2; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Cited; court cannot try case de novo in review of denial of certificate of need. Kansas Dept. of Health & Environment v. Banks, 230 K…

65-4805. History: L. 1976, ch. 280, § 5; L. 1978, ch. 260, § 4; L. 1979, ch. 191, § 5; L. 1980, ch. 197, § 3; L. 1982, ch. 272, § 2; L. 1983, ch. 219, § 2; L. 1984, ch. 246, § 3; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Construed; no certificate of need require…

65-4806. History: L. 1976, ch. 280, § 6; L. 1978, ch. 347, § 13; L. 1980, ch. 198, § 2; L. 1983, ch. 286, § 7; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Mentioned; judicial review under act is of K.C.C. order, not K.D.H.E. order. In re Bethany Medical Center, 23…

65-4807. History: L. 1976, ch. 280, § 7; L. 1978, ch. 260, § 5; L. 1979, ch. 191, § 6; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Applications reviewed and report made thereon to secretary of health and environment. Suburban Medical Center v. Olathe Community Hos…

65-4808. History: L. 1976, ch. 280, § 8; L. 1978, ch. 260, § 6; L. 1979, ch. 191, § 7; L. 1982, ch. 272, § 3; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Secretary of health and environment makes decision on issuance of certificates of need for health facilities a…

65-4809. History: L. 1976, ch. 280, § 9; L. 1979, ch. 191, § 8; L. 1982, ch. 272, § 4; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Statewide health coordinating council is review agency for issuance of certificates of need, unless governor designates another pursu…

65-4810. History: L. 1976, ch. 280, § 10; L. 1979, ch. 191, § 9; Repealed, L. 1982, ch. 272, § 9; July 1. CASE ANNOTATIONS 1. Procedure set forth in this section is consistent with due process; determination is quasi-judicial. Suburban Medical Center v. Olathe Community Hosp., 22…

65-4811. History: L. 1976, ch. 280, § 11; L. 1978, ch. 260, § 7; L. 1982, ch. 272, § 5; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. "Potentially adversely affected health facility" construed; proper parties for appeal determined. Suburban Medical Center v. Olathe …

65-4812. History: L. 1976, ch. 280, § 12; L. 1979, ch. 191, § 10; Repealed, L. 1982, ch. 272, § 9; July 1. CASE ANNOTATIONS 1. Hearing officer appointed to conduct hearing. Suburban Medical Center v. Olathe Community Hosp., 226 Kan. 320, 323, 597 P.2d 654. 2. Judicial review unde…

65-4813. History: L. 1976, ch. 280, § 13; L. 1979, ch. 191, § 11; Repealed, L. 1982, ch. 272, § 9; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived S…

65-4814. History: L. 1976, ch. 280, § 14; L. 1978, ch. 260, § 8; L. 1979, ch. 191, § 12; Repealed, L. 1983, ch. 219, § 4; July 1. CASE ANNOTATIONS 1. Cited; court cannot try case de novo in review of denial of certificate of need. Kansas Dept. of Health & Environment v. Banks, 23…

65-4815. History: L. 1976, ch. 280, § 15; L. 1979, ch. 191, § 13; L. 1982, ch. 272, § 6; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Certificate of need cannot be extended for more than one year beyond initial period of approval; litigation does not toll statute. …

65-4816. History: L. 1976, ch. 280, § 16; L. 1978, ch. 260, § 9; L. 1982, ch. 272, § 7; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. "Potentially adversely affected health facility" construed; proper parties for appeal determined. Suburban Medical Center v. Olathe …

65-4817. History: L. 1976, ch. 280, § 17; Repealed, L. 1997, ch. 16, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

65-4818. History: L. 1976, ch. 280, § 18; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. Cited in review of procedure for issuance of bonds for hospital under K.S.A. 19-18,128. Pratt v. Board of Thomas County Comm'rs, 226 Kan. 333, 340, 341, 342, 597 P.2d 664. Previo…

65-4819. History: L. 1976, ch. 280, § 19; L. 1978, ch. 260, § 10; Repealed, L. 1997, ch. 16, § 1; July 1. Attorney General's Opinions: Certificates of need; exemption by legislature through appropriations for state institutions. 84-69. Previous | Next LEGISLATIVE COORDINATING COU…

65-4820. History: L. 1976, ch. 280, § 20; L. 1979, ch. 191, § 14; Repealed, L. 1997, ch. 16, § 1; July 1. CASE ANNOTATIONS 1. No error by trial court in not issuing injunction hereunder; no certificate of need required. State ex rel. Metzler v. St. Francis Hosp. & Medical Center,…

65-4821. History: L. 1980, ch. 198, § 3; Repealed, L. 1997, ch. 16, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents US…

65-4822. History: L. 1982, ch. 272, § 8; L. 1983, ch. 219, § 3; L. 1984, ch. 246, § 1; Repealed, L. 1997, ch. 16, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session …

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

65-4901. Medical malpractice screening panels; convening; selection of members; list of health care providers maintained by state agency. (a) If a petition is filed in a district court of this state claiming damages for personal injury or death on account of alleged medical malpr…

65-4902. Same; notice to parties; designation or selection of health care provider. The judge of the district court shall notify the parties to the action that a screening panel has been convened. The plaintiff or claimant and the defendant or respondent shall each designate a he…

65-4903. Convening of panel; notice; findings; notice, organization and conduct of meetings; rules by supreme court; meetings held in camera. The screening panel shall convene with notice in writing to all parties and their counsel and shall decide, after consideration of medical…

65-4904. Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel's report and subpoena of panel members in subsequent legal proceedings. (a) Within 180 days after the screening panel is commenced,…

65-4905. Rejection by one or more parties; court action. In the event that one or more of the parties rejects the final determination of the screening panel, the plaintiff may proceed with the action in the district court. History: L. 1976, ch. 249, § 5; July 1. Law Review and Ba…

65-4906. Immunity of screening panel from damages, when. No member of the screening panel shall be subject to a civil action for damages as a result of any action taken or recommendation made by such member acting without malice and in good faith within the scope of such member's…

65-4907. Compensation of panel members; assessment of costs. (a) Each health care provider member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in add…

65-4908. Filing memorandum request for panels to toll statute of limitations, when. In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll a…

65-4909. Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined. (a) There shall be no liability on the part of and …

65-4914. Public policy relating to provision of health care. It is the declared public policy of the state of Kansas that the provision of health care is essential to the well-being of its citizens as is the achievement of an acceptable quality of health care. Such goals may be a…

65-4915. Peer review; healthcare providers, services and costs; definitions; authority of peer review officer or committee; records and testimony of information contained therein privileged; licensing agency disciplinary proceedings; exceptions. (a) As used in this section: (1) "…

65-4916. Severability of act. If any part or parts of this act [*] are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts. …

65-4921. Definitions. As used in K.S.A. 65-4921 through 65-4930, and amendments thereto: (a) "Appropriate licensing agency" means the agency that issued the license to the individual or healthcare provider who is the subject of a report under this act. (b) "Department" means the …

65-4922. Medical care facilities; risk management program required; submission of plan; inspections and investigations; approval of plan; reports and records confidential. (a) Each medical care facility shall establish and maintain an internal risk management program which shall …

65-4923. Reporting requirements. (a) If a health care provider, or a medical care facility agent or employee who is directly involved in the delivery of health care services, has knowledge that a health care provider has committed a reportable incident, such health care provider,…

65-4924. Reports relating to impaired providers; procedures. (a) If a report to a state licensing agency pursuant to subsection (a)(1) or (2) of K.S.A. 65-4923 or any other report or complaint filed with such agency relates to a health care provider's inability to practice the pr…

65-4925. Reports, records and proceedings confidential and privileged; licensing agency disciplinary proceedings. (a) The reports and records made pursuant to K.S.A. 65-4923 or 65-4924, and amendments thereto, shall be confidential and privileged, including: (1) Reports and recor…

65-4926. Immunity from civil liability for report or investigation, limits. Any person or entity which, in good faith, reports or provides information or investigates any health care provider as authorized by K.S.A. 65-4923 or 65-4924 shall not be liable in a civil action for dam…

65-4927. Failure to report; remedies; immunity from civil liability. (a) No person or entity shall be subject to liability in a civil action for failure to report as required by K.S.A. 65-4923 or 65-4924. (b) The license of a person or entity required to report under subsection (…

65-4928. Employer retribution for reporting; prohibition; remedy. (a) No employer shall discharge or otherwise discriminate against any employee for making any report pursuant to K.S.A. 65-4923 or 65-4924. (b) Any employer who violates the provisions of subsection (a) shall be li…