65-67a05. Same; transfers of tissue; reports. - Kansas Statutes

65-67a05

Chapter 65.--PUBLIC HEALTH Article 67a.--FETAL ORGANS AND TISSUE

      65-67a05.   Same; transfers of tissue;reports.(a) Every person who transfers fetal tissue to another personshall submit annually a written report to the secretaryof the department of health and environment which contains the following:

      (1)   The date of transfer;

      (2)   a description of the fetal tissue;

      (3)   the name and address of the transferor and the transferee;

      (4)   the amount of consideration received by the transferor for making thetransfer;

      (5)   the mode of transfer or shipment; and

      (6)   the name of the delivery service.

      (b)   The identity of the woman donating thefetal tissue shall be confidential and shall not be included in any reportrequired by this section.

      (c)   No person shall ship fetal tissue without disclosing to the deliveryservicethathuman tissue is contained in such shipment.

      (d)   Except as provided herein, information obtained by the secretary ofhealth and environment underthis section shall be confidential and shall not be disclosed in a manner thatwould reveal the identityof any person who submits a report to the secretary under this section. Suchinformation, including information identifying any person submitting a reporthereunder, maybe disclosed to the attorneygeneral upona showing that a reasonable cause exists to believe that a violation of thisact has occurred. Any information disclosed to the attorney general pursuant tothis subsection shall be used solely forthe purposes of a criminal prosecution.

      (e)   For the purpose of maintaining confidentiality, reports required bythis sectionshall identify the name and address of the person submitting such report onlybyconfidential code number assigned by the secretary of health and environment tosuch person and the department of health and environment shallmaintain such reports only by such number.

      (f)   Any person who intentionally, knowingly or recklessly violates thissection shall be guilty of a class A nonperson misdemeanor.

      History:   L. 2000, ch. 148, § 5; May 25.