KANSAS STATUTES AND CODES

65-1,108. Unlawful to perform certain tests unless performed in approved laboratory; penalty for violation; exclusions.

65-1,108

Chapter 65.--PUBLIC HEALTH Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

65-1,108. Unlawful to perform certain tests unless performed inapproved laboratory; penalty for violation; exclusions.(a) It shall be unlawful for any person or laboratory to perform tests toevaluate biological specimens for the presence of controlled substancesincluded in scheduleI or II of the uniformcontrolled substances act or metabolites thereof, unless the laboratory inwhich such tests areperformed has been approved by the secretary of health and environment toperform such tests. Any person violating any of the provisions of thissection shall be deemed guilty of a class B misdemeanor.

(b) As used in this section and in K.S.A. 65-1,107 and amendmentsthereto, "laboratory" shall not include: (1) The office or clinic of aperson licensed to practice medicine and surgery in which laboratory testsare performed as part of and incidental to the examination or treatment ofa patient of such person; (2) the Kansas bureau of investigationforensiclaboratory; (3) urinalysis tests for controlled substances performed onlyfor management purposes on inmates, parolees or probationers by personnelof the department of corrections or office of judicial administration andwhich shall not be used for revoking or denying parole or probation; (4)urinalysis tests approved by the secretary of corrections for controlledsubstances performed by the community corrections programs; (5) urinalysistests approved by the secretary of corrections for controlled substancesperformed by personnel of the community correctional conservation camp inLabette county which is operated under agreements entered into by the secretaryof corrections and the board of county commissioners of Labette county pursuantto K.S.A. 75-52,132 and amendments thereto; or (6)urinalysis tests performed for management purposes only by personnel of alcoholand drug treatment programs which are licensed or certified by the secretary ofsocial and rehabilitation services.

History: L. 1947, ch. 330, § 4; L. 1974, ch. 352, §170; L. 1988, ch. 233, § 2; L. 1989, ch. 187, § 1; L. 1989, ch. 92,§ 30; L. 1990, ch. 216, § 1; L. 1990, ch. 217, § 1;L. 1991, ch. 181, § 1;L. 1994, ch. 262, § 2; July 1.