Kansas Statutes
Article 28 - Healing Arts
65-2898 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.

65-2898. Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions. (a) No person reporting to the state board of healing arts in good faith any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed, registered or certified by the board shall be subject to a civil action for damages as a result of reporting such information, and such person reporting shall be immune from any civil liability that might otherwise be incurred in an action resulting from reporting such information. In any civil action resulting from reporting such information in which a court determines that a person reporting under this section reported in good faith, the court shall allow the person reporting a reasonable amount for attorney fees and expenses incurred in defending the civil action.
(b) Any state, regional or local association composed of persons licensed to practice a profession regulated by the board and the individual members of any committee thereof that in good faith investigates or communicates information pertaining to the alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the state board of healing arts or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
History: L. 1976, ch. 261, § 1; L. 1979, ch. 201, § 1; L. 1983, ch. 213, § 9; L. 2014, ch. 131, § 37; L. 2017, ch. 33, § 3; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 65 - Public Health

Article 28 - Healing Arts

65-2801 Purpose.

65-2802 Definitions.

65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties.

65-2804 Attainment of legal age required prior to receiving permanent license.

65-2806 Form and type of license.

65-2807 License presumptive evidence of right to practice.

65-2808 Filing names and records of applicants for examination; index; record of licenses issued; application forms; records open to public inspection.

65-2809 Renewal date of licenses; continuing education requirements; evidence licensee maintaining professional liability insurance; notice of renewal; fees; cancellation of license; reinstatement, when; exempt licensees; inactive license; federally...

65-2811 Issuance of temporary permits; postgraduate permits.

65-2811a Special permits; issuance; conditions and qualifications; limitations on practice; expiration of permit.

65-2812 State board of healing arts; membership; appointment.

65-2813 State board of healing arts; qualifications of members.

65-2814 Same; terms of members; vacancies.

65-2817 Same; removal from office by governor, when.

65-2818 Same; annual election of officers; powers and duties; position of secretary of board abolished.

65-2819 Same; seal; rules; oath; meetings.

65-2821 Same; filing oaths.

65-2822 Same; quorum.

65-2823 Same; compensation and expenses of members.

65-2824 Application for examination, contests; fees; documents and affidavits.

65-2825 Accredited schools; list.

65-2826 Where and when examinations held.

65-2827 List of eligible applicants prior to examinations.

65-2828 Rules and regulations designating examinations and passing grade; reexamination.

65-2831 Issuance of license; record.

65-2832 Preservation of examination results; availability.

65-2833 Endorsement licenses; requirements; rules and regulations.

65-2835 Certificate of standing; application; fee.

65-2836 Revocation, suspension, limitation or denial of licenses; censure of licensee; grounds; consent to submit to mental or physical examination or drug screen, or any combination thereof, implied.

65-2837 Definitions.

65-2837a Restrictions on prescribing, ordering, dispensing, administering, selling, supplying or giving certain amphetamine or sympathomimetic amine controlled substances; unprofessional conduct.

65-2838 Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; writ...

65-2838a Non-disciplinary resolution; procedure.

65-2839a Investigations and proceedings conducted by board; access to evidence; subpoenas; access to criminal history; confidentiality of information.

65-2840a Disciplinary counsel; appointment; qualifications; duties; application for subpoenas; staff; rules and regulations.

65-2840c Review committees; establishment; composition; expenses.

65-2842 Mental or physical examination or drug screen, or any combination thereof, of licensee, registrant, permit holder or certificate holder; requirement by board; confidentiality of records; computation of time limit for hearing.

65-2844 Reinstatement of license, registration, permit or certificate; application; burden of proof; reapplication for reinstatement, when; proceedings.

65-2846 Costs of proceedings; assessment of costs incurred.

65-2847 Same; costs due state; uncollectible, paid by board.

65-2849 Hearing of cause in district court; precedence.

65-2850 Same; appeal bond of licensee.

65-2851a Administrative proceedings; procedure, review and civil enforcement.

65-2852 Fees; collection by board.

65-2855 Fees; disposition of; healing arts fee fund.

65-2857 Injunction and quo warranto for unlawful practice of the healing arts.

65-2858 Same; authority conferred by 65-2857 additional to authority to prosecute criminally.

65-2859 Filing false documents with board; forgery; penalty.

65-2860 False impersonation; fraud; penalty.

65-2861 False swearing; penalty.

65-2862 Penalties for violations of act; second conviction.

65-2863a Administrative fines.

65-2864 Enforcement of act; investigations; evidence.

65-2865 Rules and regulations; filing.

65-2866 Attorney general, county or district attorney to prosecute violations; recovery of expenses; disposition of recovered penalties.

65-2867 Certain acts prohibited; exceptions; penalties.

65-2869 Persons deemed engaged in practice of medicine and surgery.

65-2870 Persons deemed engaged in practice of osteopathy.

65-2871 Persons deemed engaged in practice of chiropractic.

65-2872 Persons not engaged in the practice of the healing arts.

65-2872b Same; administration of epinephrine; limitation of liability.

65-2873 License to practice healing arts by examination; prerequisites; postgraduate study; use of title and degree.

65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements.

65-2873b Resident active license; requirements.

65-2874 Accredited school of medicine defined; rules and regulations establishing criteria; questionnaire developed by board; authority to contract for assistance in obtaining information about schools.

65-2875 Accredited schools of osteopathic medicine defined.

65-2876 Accredited school or college of chiropractic, defined.

65-2877a Prohibition on practice by business organization inapplicable to certain healing arts schools.

65-2878 Executive director; appointment; confirmation by senate; employment of administrative assistant and other employees; representation of board by attorney appointed by attorney general; authority to contract with healing arts licensees.

65-2878a Employment of agents to assist board in disciplinary actions; limitation on liability of such agents.

65-2880 Pending actions; vested rights saved.

65-2881 Current licenses continued; renewal.

65-2885 Use of title by licensee.

65-2886 Licensee to comply with public health laws and regulations.

65-2886a Reporting of administration of vaccines by physicians and other authorized individuals; exceptions.

65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions.

65-2888 Invalidity of part.

65-2890 Name of act; citation.

65-2890a Provisions of act applicable to any regulated profession.

65-2891 Emergency care by healthcare providers; liability; standards of care applicable.

65-2891b Emergency care by non-health care providers; liability, standards of care applicable.

65-2892 Examination and treatment of persons under 18 for venereal disease; liability.

65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability.

65-2893 Autopsies; performance of; authorization.

65-2895 Institutional license; qualifications; rights and restrictions; term of license.

65-2898 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.

65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when.

65-2899 Certification of licensed dentists to administer anesthetics to facilitate medical procedures; suspension or revocation of certificate; procedure.

65-28,100 Temporary license for visiting professor; designation; qualifications; application; rights conferred; validity of license; section supplemental.

65-28,101 Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration.

65-28,102 Same; definitions.

65-28,103 Same; declaration authorizing; effect during pregnancy of qualified patient; duty to notify attending physician; form of declaration; severability of directions.

65-28,104 Same; revocation of declaration.

65-28,105 Same; written certification and confirmation of declarant's terminal condition; effect of failure to comply.

65-28,106 Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration.

65-28,107 Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts.

65-28,108 Same; construction and effect of act.

65-28,109 Same; act not to be construed to condone or approve mercy killing or to permit other than natural process of dying.

65-28,121 Reports by hospitals and others; administrative fines for failure to report.

65-28,122 Person licensed, registered or certified to practice a profession regulated by the board required to report knowledge of violation of 65-2836 to state board of healing arts; exceptions.

65-28,123 Temporary education license; issuance; qualifications; conditions; fee.

65-28,124 Visiting clinical professor license; issuance; qualifications; practice limitations; renewal; continuing education.

65-28,125 Limited permit to practice a branch of the healing arts; issuance; qualifications; practice limitations; renewal.

65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties.

65-28,127 Licensees who direct, supervise, order, refer, accept responsibility for, enter into practice protocols with or delegate acts which constitute practice of healing arts to others; requirements and limitations; construction of section.

65-28,128 Abandonment of health care records; court jurisdiction; procedure; appointment of custodian of records, authority and duties, liability, physician-patient privilege; access to records.

65-28,129 State board of healing arts; fingerprinting and criminal history.

65-28,130 Same; graduated sanctions; reference guide.

65-28,131 Same; website; licensee information.

65-28,132 Medical records maintenance trust fund; authorized uses of moneys credited to fund; rules and regulations.

65-28,133 Interstate medical licensure compact.

65-28,134 Authorization for certain business entities to hire licensees of the board; information required; renewal; fees; responsibility for conduct or acts of agents or employees; definitions.

65-28,135 Telemedicine; out-of-state physician practice; requirements and limitations; waiver application and fee; other healthcare professionals.