65-6016. Physician authorized to disclose infectious diseases to certain corrections employees; confidentiality; immunity in judicial proceedings. - Kansas Statutes

65-6016

Chapter 65.--PUBLIC HEALTH Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE

      65-6016.   Physician authorized to disclose infectiousdiseases tocertain corrections employees; confidentiality; immunity in judicialproceedings.(a) Notwithstanding any other law to the contrary, a physicianperformingmedical or surgical procedures on a patient who the physician knows hasan infectious disease or has had a positivereaction to an infectious disease testmay disclose suchinformation tocorrections employees who have been or will be placed in contact withbody fluid of suchpatient. The information shall be confidentialand shall not be disclosed by corrections employeesexcept as may be necessary in providingtreatment for such patient.Any other disclosure of such information by a corrections employee is a class Cmisdemeanor.

      (b)   Nothing in this section shall be construed to create a duty to warnany person of possible exposure to aninfectious disease.

      (c)   Any physician who discloses information in accordancewith the provisions of this section in good faith and without malice shallhave immunity from any liability, civil or criminal, that might otherwisebe incurred or imposed in an action resulting from such disclosure. Any suchphysician shall have the same immunity with respect to participation in anyjudicial proceeding resulting from such disclosure.

      History:   L. 1993, ch. 221, § 3;L. 2001, ch. 102, § 2; July 1.