65-1,241. Definitions; establishment of birth defects information system; aspects of implementation of system.
65-1,241
65-1,241. Definitions; establishment of birthdefects information system; aspects of implementation of system.(a) As used inK.S.A. 2009 Supp.65-1,241 through 65-1,246, and amendmentsthereto:
(1) "Department" means the department of health and environment.
(2) "Freestanding birthing center" means any facilityin which child birth deliveries routinely occur.
(3) "Hospital" means a hospital classified under K.S.A. 65-425, andamendments thereto, as a general hospital.
(4) "Local health department" means any county, city-county or multi-countyhealth department created under the laws of this state.
(5) "Physician" means a person licensed to practice medicine and surgery.
(6) "Secretary" means the secretary of health and environment.
(b) The secretary of health and environment shall establish and, if funds forthis purpose are available, implement a statewide or pilot birth defectsinformationsystem for the collection of information concerning congenital anomalies,stillbirths and abnormal conditions of newborns.
(c) If the system is implemented under subsection (b) of this section, all ofthe following apply:
(1) The secretary may require each physician, hospital and freestandingbirthing center to report to the system information concerning all patientsunder five years of age with a primary diagnosis of a congenital anomaly orabnormal condition. The secretary shall not require a hospital, freestandingbirthing center or physician to report to the system any information that isreported to the secretary or department of health and environment under anotherprovision of law.
(2) On request, each physician, hospital and freestanding birthing centershall give the secretary orauthorized employees of the department of health and environment access to themedical records of any patient described in subsection (c)(1) of this section.The department shall pay the costs of copying any medical records pursuant tothis act.
(3) The secretary may review vital statistics records and shall considerexpanding the list of congenital anomalies and abnormal conditions of newbornsreported on birth certificates.
(d) A physician, hospital or freestanding birthing center that providesinformation to the system under subsection (c) shall not be subject to criminalor civil liability for providing the information.
History: L. 2004, ch. 27, § 1; July 1.