65-525. Disclosure of certain information prohibited, exceptions; consent to disseminate certain information required. - Kansas Statutes

65-525

Chapter 65.--PUBLIC HEALTH Article 5.--MATERNITY CENTERS AND CHILD CARE FACILITIES

      65-525.   Disclosure of certain informationprohibited, exceptions; consent to disseminate certain informationrequired.(a) Records in the possession ofthe department of health and environmentor itsagents regarding child carefacilities, maternity centers or family day care homes shall not be releasedpublicly in a manner that would identify individuals, unless required by law.

      (b)   Records containing the name, address and telephone number of achild care facility,maternity center or family day care home in the possession of the departmentof health and environment or its agents shall not be released publiclyunless required by law.

      (c)   Records that cannot be released by subsection (a) or (b) may be releasedto: (1) An agency or organization authorized to receive notice under K.S.A.65-506, and amendments thereto; (2) a criminal justice agency; (3) any state orfederal agency that provides child care services, funding for child care orchild protective services; (4) any federal agency for the purposes ofcompliance with federal fundingrequirements; (5) any local fire department; (6) any child and adult carefood program sponsoring agency; or (7) any local disaster agency.

      (d)   Any state or federal agency or any person receivingrecords under subsection(a) or (b) shall not disseminate the records withoutthe consent of theperson whose records will be disseminated unlessrequired by law.Any state or federal agency or any person receiving records under subsection(e) may disseminate the information contained in the records without theconsent of the person whose records will be disseminated.

      (e)   The secretary of health and environment may release the name, addressand telephone number of a maternity center, child care facility or familyday care home when the secretary determines that the release of the informationis necessary to protect the health, safety or welfare of the public or thepatients or children enrolled in the maternity center, child care facility orfamily day care home.

      (f)   Any records under subsection (a) or (b) shall be available to any memberof thestanding committee on appropriations of the house of representatives or thestanding committee on ways and means of the senatecarrying out such member's or committee's official functionsin accordance with K.S.A. 75-4319, and amendments thereto, in a closed orexecutive meeting. Except in limited conditions established by 2/3 of themembers of such committee, records received by the committee shall not befurther disclosed. Unauthorized disclosure may subject such member todiscipline or censure from the house of representatives or senate. Such recordsshall not identify individuals but shall include data and contract informationconcerning specific facilities.

      (g)   In any hearings conducted under thelicensing or regulation provisions of K.S.A. 65-501 et seq.and amendments thereto, the presidingofficer may close the hearing to thepublic to prevent public disclosure ofmatters relating to persons restricted by other laws.

      History:   L. 1985, ch. 201, § 1;L. 1996, ch. 229, § 157;L. 2000, ch. 127, § 2;L. 2001, ch. 190, § 1;L. 2004, ch. 145, § 19; July 1, 2005.