65-1,108a. Information obtained through certain tests conducted by approved laboratories confidential; exceptions; penalties for violations.

65-1,108a

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

      65-1,108a.   Information obtained through certain tests conducted byapproved laboratories confidential; exceptions; penalties for violations.(a) Information obtained through tests performed under 42 CFR Part 493 and amendments thereto(CLIA '88) or tests to evaluate biological specimens for the presence ofcontrolled substances included in schedule I or II of the uniformcontrolled substances act or metabolites thereof, conducted by a laboratoryapproved under K.S.A.65-1,107 and 65-1,108 and amendments thereto by the secretary of health andenvironment to perform such tests shall be confidential and shall not bedisclosed or made public by officers or employees, or former officers andemployees, of such laboratory,except that such laboratory test results shall be released only to: (1)The person who ordered such tests be made; (2) the secretary of healthand environment if required by the secretary as part of the approval of thelaboratory under K.S.A. 65-1,107 and 65-1,108 and amendments thereto; and(3) the secretary of health and environment for data collection purposes solong as such information is released in such a manner that theinformation will not reveal the identity of the person who is the subject oftheinformation.

      (b)   A violation of this section shall constitute a class C misdemeanor.

      History:   L. 1988, ch. 233, § 3;L. 1990, ch. 215, § 3;L. 1994, ch. 262, § 3; July 1.