65-6154. Same; confidentiality; exceptions; reports open records. - Kansas Statutes

65-6154

Chapter 65.--PUBLIC HEALTH Article 61.--EMERGENCY MEDICAL SERVICES

      65-6154.   Same; confidentiality; exceptions; reportsopen records.(a) Any emergency medical services information provided to theboardshall beconfidential and shall not be disclosed or made public, upon subpoena orotherwise,except such information may be disclosed if:

      (1)   No person can be identified in the information to be disclosed and thedisclosure isfor statistical purposes;

      (2)   all persons who are identifiable in the information to be disclosedconsent in writingto its disclosure; or

      (3)   the disclosure is necessary, and only to the extent necessary, to protectthe publichealth and does not identify specific persons, operators, as defined in K.S.A.65-6112, and amendments thereto, or ambulance services.

      (b)   Except as provided in subsection (c), reports generated by the boardutilizingemergency medical services information shall be available in accordance withK.S.A. 45-215 et seq., and amendments thereto.

      (c)   Notwithstanding subsection (b), individually identifiable healthinformationshall beconfidential and shall not be disclosed except that the board may disclose suchinformation to individuals, organizations or governmental agencies engaged inresearchthat benefits the public's health, safety or welfare if the board is satisfiedthat suchinformation will remain confidential and adequately protected from disclosure.Forpurposes of this section, "individually identifiable health information" shallhave thesame meaning as in 45 C.F.R. § 160.103.

      History:   L. 2006, ch. 161, § 2; July 1.