65-4216. Report of certain actions of mental health technician; persons required to report; medical care facility which fails to report subject to civil fine; definitions.
65-4216
65-4216. Report of certain actions of mental healthtechnician; persons required to report; medical care facility which fails toreport subject to civil fine; definitions.(a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, andamendments thereto:
(1) Every employer of a mental health technician shall report under oathto the board of nursing any information such employer has which appears toshow that a mental health technician has committed an act which may be aground for disciplinary action pursuant to K.S.A. 65-4209, andamendmentsthereto, or that the employer has taken disciplinary action against amental health technician for committing any such act or has accepted theresignation of a mental health technician in lieu of taking disciplinary actiontherefor.
(2) Every health care provider shall report under oath to the board ofnursing any information such health care provider has which appears to showthat a mental health technician has committed an act which may be a groundfor disciplinary action pursuant to K.S.A. 65-4209, and amendmentsthereto.
(3) Any person, other than those persons specified in provisions(1) and (2), may report under oath to the board of nursing anyinformation such person has which appears to show that a mental healthtechnician has committed an act which may be a ground for disciplinaryaction pursuant to K.S.A. 65-4209, and amendments thereto.
(b) Any medical care facility which fails to report within 30 daysafter the receipt of information required to be reported by this sectionshall be reported by the board of nursing to the secretary of health andenvironment and shall be subject, after proper notice and an opportunity tobe heard, to a civil fine assessed by the secretary of health andenvironment in an amount not exceeding $1,000 per day for each daythereafter that the incident is not reported. All fines assessed andcollected under this section shall be remitted to the statetreasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposittheentire amount in the state treasury to the credit ofthe state general fund.
(c) As used in this section:
(1) "Medical care facility" has the meaning provided by K.S.A.65-4921, andamendments thereto.
(2) "Health care provider" has the meaning provided by K.S.A. 65-4921,andamendments thereto.
History: L. 1983, ch. 216, § 1; L. 1988, ch. 236, § 6;L. 2001, ch. 5, § 255; July 1.