65-2438. Notification of person transporting dead body for disposition that deceased had an infectious or contagious disease; form; notification of embalmer, funeral director or other person taking po
65-2438
65-2438. Notification of person transporting dead body for dispositionthat deceased had an infectious or contagious disease; form; notificationof embalmer, funeral director or other person taking possession of body;confidential information; penalties for violations; "infectious orcontagious disease" defined.(a) When a person who has been diagnosed as having an infectious orcontagious disease dies, the attending physician or, if there is noattending physician, thedirector of nursing, or the director's designee, at a medical care facility oradult care home, if theperson dies at the medical care facility or adult care home,or a family member or person making arrangements for thedisposition of the dead body who knows of such diagnosis, shall indicate,on a form promulgated by the secretary, that the deceased person had aninfectious or contagious disease. The completed form shall accompany thebody when it is transported for disposition.
(b) Any person who transports a dead body for disposition and who hasbeen notified pursuant to the provisions of subsection (a) that thedeceased person had been diagnosed as having an infectious or contagiousdisease shall present notification thereof accompanying the dead body toany embalmer, funeral director or other person taking possession of the deadbody.
(c) Any person who completes the form requiredin subsection (a) in goodfaith and without malice shall have immunity from any liability, civil orcriminal, that might otherwise be incurred or imposed in an actionresulting from such report.
(d) Any information relating to an infectious or contagious diseasewhich is required to be disclosed or communicated under subsections (a) and(b) shall be confidential and shall not be disclosed or made public beyondthe disclosure necessary under subsections (a) and (b).
(e) Any person required to perform dutiesspecified under subsection(a) or (b) who knowingly refuses or omits to perform such duties is guiltyof a class C misdemeanor. Any person who violates any provision ofsubsection (d) shall be guilty of a class C misdemeanor.
(f) As used in this section, "infectious or contagious disease" meansthe disease acquired immune deficiency syndrome, human immunodeficiencyvirus and any other causative agent of acquired immune deficiency syndromeand any disease designated as infectious or contagious by the secretary ofhealth and environment by rules and regulations under K.S.A. 65-128 andamendments thereto.
History: L. 1988, ch. 232, § 8;L. 1994, ch. 135, § 1; July 1.