| 12 | | - | New Section 1. (a) The provisions of sections 1 through 6, and |
|---|
| 13 | | - | amendments thereto, shall be known and may be cited as the Riley |
|---|
| 14 | | - | county unincorporated area nuisance abatement act. |
|---|
| 15 | | - | (b) Before any nuisance abatement process shall be commenced |
|---|
| 16 | | - | under the Riley county unincorporated area nuisance abatement act, |
|---|
| 17 | | - | Riley county first shall have obtained a conviction for a county code |
|---|
| 18 | | - | violation resulting from such nuisance within the 12-month period prior |
|---|
| 19 | | - | to the issuance of any order as provided in section 2, and amendments |
|---|
| 20 | | - | thereto. |
|---|
| 21 | | - | (c) (1) The board of county commissioners may order the removal |
|---|
| 22 | | - | or abatement of any nuisance from any lot or parcel of ground within |
|---|
| 23 | | - | the unincorporated area of the county. The board may order the repair |
|---|
| 24 | | - | or demolition of any structure or the removal or abatement of any other |
|---|
| 25 | | - | type of nuisance. |
|---|
| 26 | | - | (2) The order shall provide that all costs associated with the |
|---|
| 27 | | - | abatement shall be paid by the owner of the property on which the |
|---|
| 28 | | - | nuisance is located. |
|---|
| 29 | | - | New Sec. 2. (a) Whenever the board of county commissioners or |
|---|
| 30 | | - | other agency designated by the board files with the Riley county clerk a |
|---|
| 31 | | - | statement in writing describing a nuisance and declaring that such |
|---|
| 32 | | - | nuisance is a menace and dangerous to the health of the inhabitants of |
|---|
| 33 | | - | the county, the board of county commissioners, by resolution, may |
|---|
| 34 | | - | make such determination and issue an order requiring the nuisance be |
|---|
| 35 | | - | removed or abated. |
|---|
| 36 | | - | (b) Except as provided by subsection (c), the board of county |
|---|
| 37 | | - | commissioners shall order the owner of the property to remove and |
|---|
| 38 | | - | abate the nuisance within not less than 10 days, to be specified in the |
|---|
| 39 | | - | order. The board or its designated representative may grant extensions |
|---|
| 40 | | - | of the time period indicated in the order. The order shall state that, |
|---|
| 41 | | - | before the expiration of the waiting period or any extension, the |
|---|
| 42 | | - | recipient may request a hearing before the board or its designated |
|---|
| 43 | | - | representative. The order shall be served on the owner by personal |
|---|
| 44 | | - | service in accordance with K.S.A. 60-303, and amendments thereto. |
|---|
| 45 | | - | (c) If the owner of the property has failed to accept delivery or |
|---|
| 46 | | - | otherwise failed to effectuate receipt of a notice sent pursuant to this |
|---|
| 47 | | - | section during the preceding 24-month period, the board of county |
|---|
| 48 | | - | commissioners may provide notice of the issuance of any further orders |
|---|
| 49 | | - | to abate or remove a nuisance from the property in the manner provided |
|---|
| 50 | | - | by subsection (d) or as provided in this subsection. The board may |
|---|
| 51 | | - | provide notice of the order by such methods including, but not limited |
|---|
| 52 | | - | to, door hangers conspicuously posting notice of the order on the |
|---|
| 53 | | - | property, personal notification, telephone communication or first-class |
|---|
| 54 | | - | mail. If the property is unoccupied and the owner is a nonresident, |
|---|
| 55 | | - | notice provided by this section shall be given by telephone |
|---|
| 56 | | - | communication or first-class mail. |
|---|
| 57 | | - | (d) If the owner of the property fails to comply with the order for a |
|---|
| 58 | | - | period longer than that named in the order or any extensions of such |
|---|
| 59 | | - | time period, the board of county commissioners may proceed to order |
|---|
| 60 | | - | the repair or demolition of any structure and have the items described |
|---|
| 61 | | - | in the order removed and abated from the lot or parcel of ground. If the SENATE BILL No. 384—page 2 |
|---|
| 62 | | - | county abates or removes the nuisance, the county shall give notice to |
|---|
| 63 | | - | the owner by certified mail, return receipt requested, of the total cost of |
|---|
| 64 | | - | the abatement or removal incurred by the county. The notice also shall |
|---|
| 65 | | - | state that payment of the cost is due and payable within 60 days |
|---|
| 66 | | - | following the mailing of the notice. |
|---|
| 67 | | - | (e) If the cost of the removal or abatement is not paid within the |
|---|
| 68 | | - | 60-day period, the cost shall be assessed and charged against the lot or |
|---|
| 69 | | - | parcel of land on which the nuisance was located. If the cost is to be |
|---|
| 70 | | - | assessed, the county clerk, at the time of certifying other county taxes, |
|---|
| 71 | | - | shall certify the costs, and the county clerk shall extend the cost on the |
|---|
| 72 | | - | tax roll of the county against the lot or parcel of land. Such cost shall be |
|---|
| 73 | | - | collected by the county treasurer. |
|---|
| 74 | | - | (f) In assessing the cost of removal and abatement of a nuisance, |
|---|
| 75 | | - | the county shall subtract from the total cost of the abatement or |
|---|
| 76 | | - | removal incurred by the county the value of the property removed or |
|---|
| 77 | | - | abated. If the value of the property removed or abated is greater than |
|---|
| 78 | | - | the cost of the removal or abatement incurred by the county, the county |
|---|
| 79 | | - | shall pay the owner the difference. If the value of the property is |
|---|
| 80 | | - | contested, the property owner may request a hearing before the board |
|---|
| 81 | | - | or its designated representative prior to the 60 days following receipt of |
|---|
| 82 | | - | notice of costs due and payable under subsection (d). |
|---|
| 83 | | - | (g) All orders and notices shall be served on the owner of record |
|---|
| 84 | | - | or, if there is more than one owner of record, then on at least one such |
|---|
| 85 | | - | owner. |
|---|
| 86 | | - | (h) Any decision of the board of county commissioners or its |
|---|
| 87 | | - | designated representative is subject to review in accordance with the |
|---|
| 88 | | - | Kansas judicial review act. |
|---|
| 89 | | - | New Sec. 3. Riley county may remove and abate from property, |
|---|
| 90 | | - | other than public property or property open to use by the public, a |
|---|
| 91 | | - | motor vehicle determined to be a nuisance. Disposition of such vehicles |
|---|
| 92 | | - | shall be in compliance with the procedures for impoundment, notice |
|---|
| 93 | | - | and public auction provided by K.S.A. 8-1102(a)(2), and amendments |
|---|
| 94 | | - | thereto. Following any sale by public auction of a vehicle determined to |
|---|
| 95 | | - | be a nuisance, the purchaser may file proof with the division of |
|---|
| 96 | | - | vehicles, and the division shall issue a certificate of title to the |
|---|
| 97 | | - | purchaser of the motor vehicle. If a public auction is conducted but no |
|---|
| 98 | | - | responsible bid is received, the county may file proof with the division |
|---|
| 99 | | - | of vehicles, and the division shall issue a certificate of title of the motor |
|---|
| 100 | | - | vehicle to the county. Any person whose motor vehicle has been |
|---|
| 101 | | - | disposed of pursuant to this section shall be eligible for a refund of the |
|---|
| 102 | | - | tax imposed pursuant to K.S.A. 79-5101 et seq., and amendments |
|---|
| 103 | | - | thereto. The amount of the refund shall be determined in the manner |
|---|
| 104 | | - | provided by K.S.A. 79-5107, and amendments thereto. |
|---|
| 105 | | - | New Sec. 4. The board of county commissioners may adopt a |
|---|
| 106 | | - | resolution to establish any policies, procedures, designated body or |
|---|
| 107 | | - | other related matters for hearings that property owners or their agents |
|---|
| 108 | | - | may request pursuant to the Riley county unincorporated area nuisance |
|---|
| 109 | | - | abatement act. |
|---|
| 110 | | - | New Sec. 5. (a) The legislature declares it is the policy of this state |
|---|
| 111 | | - | to protect and encourage the production and processing of food and |
|---|
| 112 | | - | other agricultural products. As nonagricultural uses of property |
|---|
| 113 | | - | continue to move into agricultural and agribusiness areas, normal |
|---|
| 114 | | - | agricultural and agribusiness activities can find themselves subjected to |
|---|
| 115 | | - | public and private claims of nuisance. Therefore, it is the legislative |
|---|
| 116 | | - | intent of this act to protect agricultural and agribusiness activities from |
|---|
| 117 | | - | nuisance actions. As such, nothing in the Riley county unincorporated |
|---|
| 118 | | - | area nuisance abatement act shall apply to land, structures, machinery |
|---|
| 119 | | - | and equipment or motor vehicles used for an agricultural activity or oil |
|---|
| 120 | | - | and gas exploration and development activity. SENATE BILL No. 384—page 3 |
|---|
| 121 | | - | (b) For purposes of this section, the term "agricultural activity" |
|---|
| 122 | | - | means the same as defined in K.S.A. 2-3203, and amendments thereto, |
|---|
| 123 | | - | except such term shall also include real and personal property, |
|---|
| 124 | | - | machinery, equipment, stored grain and agricultural input products |
|---|
| 125 | | - | owned or maintained by commercial grain elevators and agribusiness |
|---|
| 126 | | - | facilities. |
|---|
| 127 | | - | New Sec. 6. The Riley county unincorporated area nuisance |
|---|
| 128 | | - | abatement act, sections 1 through 6, and amendments thereto, shall |
|---|
| 129 | | - | expire on July 1, 2027. |
|---|
| 130 | | - | New Sec. 7. (a) The provisions of sections 7 through 12, and |
|---|
| 131 | | - | amendments thereto, shall be known and may be cited as the Crawford |
|---|
| 132 | | - | county unincorporated area nuisance abatement act. |
|---|
| 133 | | - | (b) Before any nuisance abatement process shall be commenced |
|---|
| 134 | | - | under the Crawford county unincorporated area nuisance abatement |
|---|
| 135 | | - | act, Crawford county first shall have obtained a conviction for a county |
|---|
| 136 | | - | code violation resulting from such nuisance within the 12-month period |
|---|
| 137 | | - | prior to the issuance of any order as provided in section 8, and |
|---|
| 138 | | - | amendments thereto. |
|---|
| 139 | | - | (c) (1) The board of county commissioners may order the removal |
|---|
| 140 | | - | or abatement of any nuisance from any lot or parcel of ground within |
|---|
| 141 | | - | the unincorporated area of the county. The board may also order the |
|---|
| 142 | | - | repair or demolition of any structure or the removal or abatement of |
|---|
| 143 | | - | any other type of nuisance. |
|---|
| 144 | | - | (2) The order shall provide that all costs associated with the |
|---|
| 145 | | - | abatement shall be paid by the owner of the property on which the |
|---|
| 146 | | - | nuisance is located. |
|---|
| 147 | | - | New Sec. 8. (a) Whenever the board of county commissioners or |
|---|
| 148 | | - | other agency designated by the board files with the Crawford county |
|---|
| 149 | | - | clerk a statement, in writing, describing a nuisance and declaring that |
|---|
| 150 | | - | such nuisance is a menace and dangerous to the health of the |
|---|
| 151 | | - | inhabitants of the county, the board of county commissioners, by |
|---|
| 152 | | - | resolution, may make such determination and issue an order requiring |
|---|
| 153 | | - | the nuisance be removed or abated. |
|---|
| 154 | | - | (b) Except as provided by subsection (c), the board of county |
|---|
| 155 | | - | commissioners shall order the owner of the property to remove and |
|---|
| 156 | | - | abate the nuisance within not less than 10 days, to be specified in the |
|---|
| 157 | | - | order. The board or its designated representative may grant extensions |
|---|
| 158 | | - | of the time period indicated in the order. The order shall state that, |
|---|
| 159 | | - | before the expiration of the waiting period or any extension, the |
|---|
| 160 | | - | recipient may request a hearing before the board or its designated |
|---|
| 161 | | - | representative. The order shall be served on the owner by personal |
|---|
| 162 | | - | service in accordance with K.S.A. 60-303, and amendments thereto. |
|---|
| 163 | | - | (c) If the owner of the property has failed to accept delivery or |
|---|
| 164 | | - | otherwise failed to effectuate receipt of a notice sent pursuant to this |
|---|
| 165 | | - | section during the preceding 24-month period, the board of county |
|---|
| 166 | | - | commissioners may provide notice of the issuance of any further orders |
|---|
| 167 | | - | to abate or remove a nuisance from the property in the manner provided |
|---|
| 168 | | - | by subsection (d) or as provided in this subsection. The board may |
|---|
| 169 | | - | provide notice of the order by such methods, including, but not limited |
|---|
| 170 | | - | to, door hangers conspicuously posting notice of the order on the |
|---|
| 171 | | - | property, personal notification, telephone communication or first-class |
|---|
| 172 | | - | mail. If the property is unoccupied and the owner is a nonresident, |
|---|
| 173 | | - | notice provided by this section shall be given by telephone |
|---|
| 174 | | - | communication or first-class mail. |
|---|
| 175 | | - | (d) If the owner of the property fails to comply with the order for a |
|---|
| 176 | | - | period longer than that named in the order or any extensions of such |
|---|
| 177 | | - | time period, the board of county commissioners may proceed to order |
|---|
| 178 | | - | the repair or demolition of any structure and have the items described |
|---|
| 179 | | - | in the order removed and abated from the lot or parcel of ground. If the SENATE BILL No. 384—page 4 |
|---|
| 180 | | - | county abates or removes the nuisance, the county shall give notice to |
|---|
| 181 | | - | the owner, by certified mail, with return receipt requested, of the total |
|---|
| 182 | | - | cost of the abatement or removal incurred by the county. The notice |
|---|
| 183 | | - | also shall state that payment of the cost is due and payable within 60 |
|---|
| 184 | | - | days following the mailing of the notice. |
|---|
| 185 | | - | (e) If the cost of the removal or abatement is not paid within the |
|---|
| 186 | | - | 60-day period, the cost shall be assessed and charged against the lot or |
|---|
| 187 | | - | parcel of land on which the nuisance was located. If the cost is to be |
|---|
| 188 | | - | assessed, the county clerk, at the time of certifying other county taxes, |
|---|
| 189 | | - | shall certify the costs, and the county clerk shall extend the cost on the |
|---|
| 190 | | - | tax roll of the county against the lot or parcel of land. Such cost shall be |
|---|
| 191 | | - | collected by the county treasurer. |
|---|
| 192 | | - | (f) In assessing the cost of removal and abatement of a nuisance, |
|---|
| 193 | | - | the county shall subtract from the total cost of the abatement or |
|---|
| 194 | | - | removal incurred by the county the value of the property removed or |
|---|
| 195 | | - | abated. If the value of the property removed or abated is greater than |
|---|
| 196 | | - | the cost of the removal or abatement incurred by the county, the county |
|---|
| 197 | | - | shall pay the owner the difference. If the value of the property is |
|---|
| 198 | | - | contested, the property owner may request a hearing before the board |
|---|
| 199 | | - | or its designated representative prior to the 60 days following receipt of |
|---|
| 200 | | - | notice of costs due and payable under subsection (d). |
|---|
| 201 | | - | (g) All orders and notices shall be served on the owner of record |
|---|
| 202 | | - | or, if there is more than one owner of record, then on at least one such |
|---|
| 203 | | - | owner. |
|---|
| 204 | | - | (h) Any decision of the board of county commissioners or its |
|---|
| 205 | | - | designated representative is subject to review in accordance with the |
|---|
| 206 | | - | Kansas judicial review act. |
|---|
| 207 | | - | New Sec. 9. Crawford county may remove and abate from |
|---|
| 208 | | - | property, other than public property or property open to use by the |
|---|
| 209 | | - | public, a motor vehicle determined to be a nuisance. Disposition of |
|---|
| 210 | | - | such vehicles shall be in compliance with the procedures for |
|---|
| 211 | | - | impoundment, notice and public auction provided by K.S.A. 8-1102(a) |
|---|
| 212 | | - | (2), and amendments thereto. Following any sale by public auction of a |
|---|
| 213 | | - | vehicle determined to be a nuisance, the purchaser may file proof with |
|---|
| 214 | | - | the division of vehicles, and the division shall issue a certificate of title |
|---|
| 215 | | - | to the purchaser of the motor vehicle. If a public auction is conducted |
|---|
| 216 | | - | but no responsible bid is received, the county may file proof with the |
|---|
| 217 | | - | division of vehicles, and the division shall issue a certificate of title of |
|---|
| 218 | | - | the motor vehicle to the county. Any person whose motor vehicle has |
|---|
| 219 | | - | been disposed of pursuant to this section shall be eligible for a refund |
|---|
| 220 | | - | of the tax imposed pursuant to K.S.A. 79-5101 et seq., and amendments |
|---|
| 221 | | - | thereto. The amount of the refund shall be determined in the manner |
|---|
| 222 | | - | provided by K.S.A. 79-5107, and amendments thereto. |
|---|
| 223 | | - | New Sec. 10. The board of county commissioners may adopt a |
|---|
| 224 | | - | resolution to establish any policies, procedures, designated body or |
|---|
| 225 | | - | other related matters for hearings that property owners or their agents |
|---|
| 226 | | - | may request pursuant to the Crawford county unincorporated area |
|---|
| 227 | | - | nuisance abatement act. |
|---|
| 228 | | - | New Sec. 11. (a) The legislature declares it is the policy of this |
|---|
| 229 | | - | state to protect and encourage the production and processing of food |
|---|
| 230 | | - | and other agricultural products. As nonagricultural uses of property |
|---|
| 231 | | - | continue to move into agricultural and agribusiness areas, normal |
|---|
| 232 | | - | agricultural and agribusiness activities can find themselves subjected to |
|---|
| 233 | | - | public and private claims of nuisance. Therefore, it is the legislative |
|---|
| 234 | | - | intent of this act to protect agricultural and agribusiness activities from |
|---|
| 235 | | - | nuisance actions. As such, nothing in the Crawford county |
|---|
| 236 | | - | unincorporated area nuisance abatement act shall apply to land, |
|---|
| 237 | | - | structures, machinery and equipment or motor vehicles used for an |
|---|
| 238 | | - | agricultural activity or oil and gas exploration and development SENATE BILL No. 384—page 5 |
|---|
| 239 | | - | activity. |
|---|
| 240 | | - | (b) For purposes of this section, the term "agricultural activity" |
|---|
| 241 | | - | means the same as defined in K.S.A. 2-3203, and amendments thereto, |
|---|
| 242 | | - | except such term shall also include real and personal property, |
|---|
| 243 | | - | machinery, equipment, stored grain and agricultural input products |
|---|
| 244 | | - | owned or maintained by commercial grain elevators and agribusiness |
|---|
| 245 | | - | facilities. |
|---|
| 246 | | - | New Sec. 12. The Crawford county unincorporated area nuisance |
|---|
| 247 | | - | abatement act, sections 7 through 12, and amendments thereto, shall |
|---|
| 248 | | - | expire on July 1, 2027. |
|---|
| 249 | | - | Sec. 13. K.S.A. 2023 Supp. 65-6111 is hereby amended to read as |
|---|
| 250 | | - | follows: 65-6111. (a) The emergency medical services board shall: |
|---|
| 251 | | - | (1) Adopt any rules and regulations necessary to carry out the |
|---|
| 252 | | - | provisions of this act; |
|---|
| 253 | | - | (2) review and approve the allocation and expenditure of moneys |
|---|
| 254 | | - | appropriated for emergency medical services; |
|---|
| 255 | | - | (3) conduct hearings for all regulatory matters concerning |
|---|
| 256 | | - | ambulance services, emergency medical service providers, instructor- |
|---|
| 257 | | - | coordinators, training officers and sponsoring organizations; |
|---|
| 258 | | - | (4) submit a budget to the legislature for the operation of the |
|---|
| 259 | | - | board; |
|---|
| 260 | | - | (5) develop a state plan for the delivery of emergency medical |
|---|
| 261 | | - | services; |
|---|
| 262 | | - | (6) enter into contracts as may be necessary to carry out the duties |
|---|
| 263 | | - | and functions of the board under this act; |
|---|
| 264 | | - | (7) review and approve all requests for state and federal funding |
|---|
| 265 | | - | involving emergency medical services projects in the state or delegate |
|---|
| 266 | | - | such duties to the executive director; |
|---|
| 267 | | - | (8) approve all training programs for emergency medical service |
|---|
| 268 | | - | providers and instructor-coordinators and prescribe certification |
|---|
| 269 | | - | application fees by rules and regulations; |
|---|
| 270 | | - | (9) approve methods of examination for certification of emergency |
|---|
| 271 | | - | medical service providers and instructor-coordinators and prescribe |
|---|
| 272 | | - | examination fees by rules and regulations; |
|---|
| 273 | | - | (10) appoint a medical advisory council of not less than six |
|---|
| 274 | | - | members, including one board member who shall be a physician and |
|---|
| 275 | | - | not less than five other physicians who are active and knowledgeable in |
|---|
| 276 | | - | the field of emergency medical services who are not members of the |
|---|
| 277 | | - | board to advise and assist the board in medical standards and practices |
|---|
| 278 | | - | as determined by the board. The medical advisory council shall elect a |
|---|
| 279 | | - | chairperson from among its membership and shall meet upon the call of |
|---|
| 280 | | - | the chairperson; and |
|---|
| 281 | | - | (11) approve sponsoring organizations by prescribing standards |
|---|
| 282 | | - | and requirements by rules and regulations and withdraw or modify such |
|---|
| 283 | | - | approval in accordance with the Kansas administrative procedure act |
|---|
| 284 | | - | and the rules and regulations of the board. |
|---|
| 285 | | - | (b) (1) Except as otherwise provided, the emergency medical |
|---|
| 286 | | - | services board may grant a temporary variance from an identified rule |
|---|
| 287 | | - | or regulation when a literal application or enforcement of the rule or |
|---|
| 288 | | - | regulation would result in serious hardship and the relief granted would |
|---|
| 289 | | - | not result in any unreasonable risk to the public interest, safety or |
|---|
| 290 | | - | welfare. |
|---|
| 291 | | - | (2) Any variance granted pursuant to paragraph (1) may be |
|---|
| 292 | | - | granted as a permanent variance if the variance is from an identified |
|---|
| 293 | | - | rule or regulation adopted to implement, enforce or otherwise regulate |
|---|
| 294 | | - | the provisions of K.S.A. 65-6135, and amendments thereto. |
|---|
| 295 | | - | (c) (1) In addition to or in lieu of any other administrative, civil or |
|---|
| 296 | | - | criminal remedy provided by law, the board, in accordance with the |
|---|
| 297 | | - | Kansas administrative procedure act, upon the finding of a violation of SENATE BILL No. 384—page 6 |
|---|
| 298 | | - | a provision of this act or the provisions of article 61 of chapter 65 of |
|---|
| 299 | | - | the Kansas Statutes Annotated, and amendments thereto, or rules and |
|---|
| 300 | | - | regulations adopted pursuant to such provisions may impose a fine on: |
|---|
| 301 | | - | (A) Any person granted a certificate by the board in an amount not |
|---|
| 302 | | - | to exceed $500 for each violation; or |
|---|
| 303 | | - | (B) an ambulance service that holds a permit to operate in this |
|---|
| 304 | | - | state or on a sponsoring organization in an amount not to exceed $2,500 |
|---|
| 305 | | - | for each violation. |
|---|
| 306 | | - | (2) All fines assessed and collected under this section shall be |
|---|
| 307 | | - | remitted to the state treasurer in accordance with the provisions of |
|---|
| 308 | | - | K.S.A. 75-4215, and amendments thereto. Upon receipt of each such |
|---|
| 309 | | - | remittance, the state treasurer shall deposit the entire amount in the |
|---|
| 310 | | - | state treasury to the credit of the state general fund. |
|---|
| 311 | | - | (d) (1) In connection with any investigation by the board, the |
|---|
| 312 | | - | board or its duly authorized agents or employees shall at all reasonable |
|---|
| 313 | | - | times have access to, for the purpose of examination and the right to |
|---|
| 314 | | - | copy any document, report, record or other physical evidence of any |
|---|
| 315 | | - | person being investigated, or any document, report, record or other |
|---|
| 316 | | - | evidence maintained by and in possession of any clinic, laboratory, |
|---|
| 317 | | - | pharmacy, medical care facility or other public or private agency, if |
|---|
| 318 | | - | such document, report, record or evidence relates to professional |
|---|
| 319 | | - | competence, unprofessional conduct or the mental or physical ability of |
|---|
| 320 | | - | the person to perform activities the person is authorized to perform. |
|---|
| 321 | | - | (2) For the purpose of all investigations and proceedings |
|---|
| 322 | | - | conducted by the board: |
|---|
| 323 | | - | (A) The board may issue subpoenas compelling the attendance |
|---|
| 324 | | - | and testimony of witnesses or the production for examination or |
|---|
| 325 | | - | copying of documents or any other physical evidence if such evidence |
|---|
| 326 | | - | relates to professional competence, unprofessional conduct or the |
|---|
| 327 | | - | mental or physical ability of a person being investigated to perform |
|---|
| 328 | | - | activities the person is authorized to perform. Within five days after the |
|---|
| 329 | | - | service of the subpoena on any person requiring the production of any |
|---|
| 330 | | - | evidence in the person's possession or under the person's control, such |
|---|
| 331 | | - | person may petition the board to revoke, limit or modify the subpoena. |
|---|
| 332 | | - | The board shall revoke, limit or modify such subpoena if in its opinion |
|---|
| 333 | | - | the evidence required does not relate to practices that may be grounds |
|---|
| 334 | | - | for disciplinary action, is not relevant to the charge that is the subject |
|---|
| 335 | | - | matter of the proceeding or investigation or does not describe with |
|---|
| 336 | | - | sufficient particularity the physical evidence that is required to be |
|---|
| 337 | | - | produced. Any member of the board, or any agent designated by the |
|---|
| 338 | | - | board, may administer oaths or affirmations, examine witnesses and |
|---|
| 339 | | - | receive such evidence. |
|---|
| 340 | | - | (B) Any person appearing before the board shall have the right to |
|---|
| 341 | | - | be represented by counsel. |
|---|
| 342 | | - | (C) The district court, upon application by the board or by the |
|---|
| 343 | | - | person subpoenaed, shall have jurisdiction to issue an order: |
|---|
| 344 | | - | (i) Requiring such person to appear before the board or the board's |
|---|
| 345 | | - | duly authorized agent to produce evidence relating to the matter under |
|---|
| 346 | | - | investigation; or |
|---|
| 347 | | - | (ii) revoking, limiting or modifying the subpoena if in the court's |
|---|
| 348 | | - | opinion the evidence demanded does not relate to practices that may be |
|---|
| 349 | | - | grounds for disciplinary action, is not relevant to the charge that is the |
|---|
| 350 | | - | subject matter of the hearing or investigation or does not describe with |
|---|
| 351 | | - | sufficient particularity the evidence that is required to be produced. |
|---|
| 352 | | - | (3) Disclosure or use of any such information received by the |
|---|
| 353 | | - | board or of any record containing such information, for any purpose |
|---|
| 354 | | - | other than that provided by this subsection is a class A misdemeanor |
|---|
| 355 | | - | and shall constitute grounds for removal from office, termination of |
|---|
| 356 | | - | employment or denial, revocation or suspension of any certificate or SENATE BILL No. 384—page 7 |
|---|
| 357 | | - | permit issued under article 61 of chapter 65 of the Kansas Statutes |
|---|
| 358 | | - | Annotated, and amendments thereto. Nothing in this subsection shall be |
|---|
| 359 | | - | construed to make unlawful the disclosure of any such information by |
|---|
| 360 | | - | the board in a hearing held pursuant to this act. |
|---|
| 361 | | - | (4) Patient records, including clinical records, medical reports, |
|---|
| 362 | | - | laboratory statements and reports, files, films, other reports or oral |
|---|
| 363 | | - | statements relating to diagnostic findings or treatment of patients, |
|---|
| 364 | | - | information from which a patient or a patient's family might be |
|---|
| 365 | | - | identified, peer review or risk management records or information |
|---|
| 366 | | - | received and records kept by the board as a result of the investigation |
|---|
| 367 | | - | procedure outlined in this subsection shall be confidential and shall not |
|---|
| 368 | | - | be disclosed. |
|---|
| 369 | | - | (5) Nothing in this subsection or any other provision of law |
|---|
| 370 | | - | making communications between a physician and the physician's |
|---|
| 371 | | - | patient a privileged communication shall apply to investigations or |
|---|
| 372 | | - | proceedings conducted pursuant to this subsection. The board and its |
|---|
| 373 | | - | employees, agents and representatives shall keep in confidence the |
|---|
| 374 | | - | names of any patients whose records are reviewed during the course of |
|---|
| 375 | | - | investigations and proceedings pursuant to this subsection. |
|---|
| 376 | | - | (e) The emergency medical services board shall prepare an annual |
|---|
| 377 | | - | report on or before January 15 of each year on the number, amount and |
|---|
| 378 | | - | reasons for the fines imposed by the board and the number of and |
|---|
| 379 | | - | reasons for subpoenas issued by the board during the previous calendar |
|---|
| 380 | | - | year. The report shall be provided to the senate committee on federal |
|---|
| 381 | | - | and state affairs and the house committee on federal and state affairs. |
|---|
| 382 | | - | Sec. 14. K.S.A. 2023 Supp. 65-6135 is hereby amended to read as |
|---|
| 383 | | - | follows: 65-6135. (a) All ambulance services providing emergency care |
|---|
| 384 | | - | as defined by the rules and regulations adopted by the board shall offer |
|---|
| 11 | + | Section 1. K.S.A. 2023 Supp. 65-6135 is hereby amended to read as |
|---|
| 12 | + | follows: 65-6135. (a) All ambulance services providing emergency care as |
|---|
| 13 | + | defined by the rules and regulations adopted by the board shall offer |
|---|