40-3401. Definitions.
40-3401
40-3401. Definitions.As used in this act the following terms shall have the meanings respectivelyascribed to them herein.
(a) "Applicant" means any health care provider.
(b) "Basic coverage" means a policy of professional liability insurancerequired to be maintained by each health care provider pursuant to theprovisions 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 ofthis act and each year, commencing on the first day of that month,thereafter.
(e) "Fund" means the health care stabilization fund establishedpursuant to subsection (a) of K.S.A. 40-3403 and amendments thereto.
(f) "Health care provider" means a person licensed to practice anybranch of the healing arts by the state board of healing arts with theexception of physician assistants, a personwho holds a temporary permit to practice any branch of the healing artsissued by the state board of healing arts, a person engaged in apostgraduate training program approved by the state board of healingarts, a medical care facility licensed by the department of health andenvironment, a health maintenance organization issued a certificate ofauthority by the commissioner of insurance, a podiatrist licensed by the stateboard of healing arts, an optometrist licensed by the board of examiners inoptometry, a pharmacist licensed by the state board of pharmacy, a licensedprofessional nurse who is authorized to practice as a registered nurseanesthetist, a licensed professional nurse who has been granted a temporaryauthorization to practice nurse anesthesia under K.S.A. 65-1153 and amendmentsthereto, a professionalcorporation organizedpursuant to the professional corporation law of Kansas by persons who areauthorized by such law to form such a corporation and who arehealth care providers as defined by this subsection, a Kansas limitedliability company organized for the purpose of rendering professional servicesby its members who are health care providers as defined by this subsection andwho are legally authorized to render the professional services for which thelimited liability company is organized, a partnership ofpersons who are health care providers under this subsection, a Kansasnot-for-profit corporation organized for the purpose of renderingprofessional services by persons who are health care providers as definedby this subsection, a nonprofit corporation organized to administer thegraduate medical education programs of community hospitals or medical carefacilities affiliated with the university of Kansas school of medicine, adentistcertified by the state board of healingarts to administer anesthetics under K.S.A. 65-2899 and amendments thereto,apsychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto,or a mental health center or mental health clinic licensed by the secretaryof social and rehabilitation services, except that health care providerdoes not include (1) any state institution for the mentally retarded, (2)any state psychiatric hospital, (3) any person holding an exemptlicenseissued by the state board of healing arts or (4) any person holding avisiting clinical professor license from the state board of healing arts.
(g) "Inactive health care provider" means a person or other entitywho purchased basic coverage or qualified as a self-insurer on orsubsequent to the effective date of this act but who, at the time aclaim is made for personal injury or death arising out of the renderingof or the failure to render professional services by such health careprovider, does not have basic coverage or self-insurance in effectsolely because such person is no longer engaged in renderingprofessional service as a health care provider.
(h) "Insurer" means any corporation, association, reciprocalexchange, inter-insurer and any other legal entity authorized to writebodily 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, 12or 16 of chapter 40 of Kansas Statutes Annotated.
(i) "Plan" means the operating and administrative rules and proceduresdeveloped by insurers and rating organizations or the commissioner to makeprofessional liability insurance available to health care providers.
(j) "Professional liability insurance" means insurance providingcoverage for legal liability arising out of the performance ofprofessional services rendered or which should have been rendered by ahealth care provider.
(k) "Rating organization" means a corporation, an unincorporatedassociation, a partnership or an individual licensed pursuant to K.S.A.40-956, and amendments thereto, to make ratesfor professionalliability insurance.
(l) "Self-insurer" means a health care provider who qualifies asa self-insurer pursuant to K.S.A. 40-3414 and amendments thereto.
(m) "Medical care facility" means the same when used in the healthcare provider insurance availability act as the meaning ascribed to thatterm in K.S.A. 65-425 and amendments thereto, except that as used inthe health care provider insurance availability act such term, as itrelates to insurance coverage under the health care provider insuranceavailability act, also includes any director, trustee, officer oradministrator of a medical care facility.
(n) "Mental health center" means a mental health center licensed bythe secretary of social and rehabilitation services under K.S.A. 75-3307band amendments thereto, except that as used in the health care providerinsurance availability act such term, as it relates to insurance coverageunder the health care provider insurance availability act, also includesany director, trustee, officer or administrator of a mental health center.
(o) "Mental health clinic" means a mental health clinic licensed bythe secretary of social and rehabilitation services under K.S.A. 75-3307band amendments thereto, except that as used in the health care providerinsurance availability act such term, as it relates to insurance coverageunder the health care provider insurance availability act, also includesany director, trustee, officer or administrator of a mental health clinic.
(p) "State institution for the mentally retarded" meansWinfield state hospital and training center, Parsons statehospital and training center and the Kansas neurological institute.
(q) "State psychiatric hospital" means Larned state hospital,Osawatomie state hospital and Rainbow mental health facility.
(r) "Person engaged in residency training" means:
(1) A person engaged in a postgraduate training program approved by thestate board of healing arts who is employed by and is studying at theuniversity of Kansas medical center only when such person is engaged in medicalactivities which do not include extracurricular, extra-institutional medicalservice for which such person receives extra compensation and which have notbeen approved by the dean of the school of medicine and the executivevice-chancellor of the university of Kansas medical center. Persons engaged inresidency training shall be considered resident health care providers forpurposes of K.S.A. 40-3401 et seq., and amendments thereto; and
(2) a person engaged in a postgraduate training program approved bythe state board of healing arts who is employed by a nonprofit corporationorganized to administer the graduate medical education programs ofcommunity hospitals or medical care facilities affiliated with theuniversity of Kansas school of medicine or who is employed by an affiliateof the university of Kansas school of medicine as defined in K.S.A. 76-367and amendments thereto only when such person is engaged in medicalactivities which do not include extracurricular, extra-institutionalmedical service for which such person receives extra compensation and whichhave not been approved by the chief operating officer of the nonprofitcorporation or the chief operating officer of the affiliate and theexecutive vice-chancellor of the university of Kansas medical center.
(s) "Full-time physician faculty employed by the university of Kansasmedical center" means a person licensed to practice medicine and surgerywho holds a full-time appointment at the university of Kansas medical centerwhen such person is providing health care.
(t) "Sexual act" or "sexual activity" means that sexual conduct whichconstitutes a criminal or tortious act under the laws of the state of Kansas.
History: L. 1976, ch. 231, § 1;L. 1977, ch. 165, § 1;L. 1979, ch. 186, § 22;L. 1980, ch. 142, § 1;L. 1981, ch. 199, § 1;L. 1982, ch. 207, § 1;L. 1984, ch. 177, § 1;L. 1985, ch. 166, § 1;L. 1986, ch. 183, § 14;L. 1986, ch. 229, § 24;L. 1986, ch. 231, § 4;L. 1986, ch. 184, § 1;L. 1986, ch. 181, § 2;L. 1986, ch. 181, § 3;L. 1986, ch. 181, § 4;L. 1987, ch. 176, § 1;L. 1987, ch. 177, § 1;L. 1987, ch. 242, § 1;L. 1987, ch. 178, § 1;L. 1987, ch. 178, § 2;L. 1988, ch. 246, § 12;L. 1989, ch. 143, § 1;L. 1990, ch. 174, § 1;L. 1990, ch. 175, § 1;L. 1991, ch. 139, § 1;L. 1992, ch. 156, § 2;L. 1994, ch. 181, § 3;L. 2000, ch. 162, § 14;L. 2001, ch. 204, § 1;L. 2003, ch. 128, § 19; Apr. 1, 2004.