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KS Info
CHAPTER 65. PUBLIC HEALTH
ARTICLE 5. MATERNITY AND CHILD CARE FACILITIES
K.S.A. § 65-508 (2006)
65-508. Equipment, supplies, accommodations;
immunizations.
(d) Each child cared for in a child care facility,
including children of the person maintaining the facility, shall
be required to have current such immunizations as the secretary
of health and environment considers necessary. The person maintaining
a child care facility shall maintain a record of each child's immunizations
and shall provide to the secretary of health and environment such
information relating thereto, in accordance with rules and regulations
of the secretary, but the person maintaining a child care facility
shall not have such person's license revoked solely for the failure
to have or to maintain the immunization records required by this
subsection.
(e) The immunization requirement of subsection
(d) shall not apply if one of the following is obtained:
(1) Certification from a licensed physician
stating that the physical condition of the child is such that
immunization would endanger the child's life or health; or
(2) a written statement signed by a parent
or guardian that the parent or guardian is an adherent of a religious
denomination whose teachings are opposed to immunizations.
K.S.A. § 65-519 (2006)
65-519. Certificate
of registration; conditions; application for; immunizations; renewal;
fees.
(c) (1) Each child cared for in a family day care home, including
children of the person maintaining the home, shall be required to
have current such immunizations as the secretary of health and environment
considers necessary. The person maintaining a family day care home
shall maintain a record of each child's immunizations, and shall
provide to the secretary of health and environment such information
relating thereto, in accordance with rules and regulations of the
secretary, but the person maintaining a family day care home shall
not have such person's certificate of registration revoked solely
for the failure to have or to maintain the immunization records
required by this subsection.
(2) The immunization requirement of subsection
(c)(1) shall not apply if one of the following is obtained:
(A) Certification from a licensed physician
stating that the physical condition of the child is such that
immunization would endanger the child's life or health; or
(B) a written statement signed by a parent
or guardian that the parent or guardian is an adherent of a religious
denomination whose teachings are opposed to immunizations.
(d) The secretary of health and environment shall
provide to each person maintaining a registered family day care
home a list of the requirements for registration of family day care
homes. The person maintaining a family day care home shall provide
a copy of such list to the parent or guardian of each child cared
for in such home and shall maintain on the premises a copy of the
list which has been signed and dated by the parent or guardian.
(e) The certificate of registration shall be
renewed annually in the same manner provided for in this section.
(f) The secretary of health and environment shall
remit all moneys received by the secretary from fees under the provisions
of this act to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the state general fund.
K.S.A. § 65-531
(2006)
65-531. Immunization
information and records; disclosure.
On and after July 1, 1996: (a) Except as provided
further, information and records which pertain to the immunization
status of persons against childhood diseases as required by K.S.A.
65-508 and 65-519, and amendments thereto, may be disclosed and
exchanged without a parent or guardian's written release authorizing
such disclosure, to the following, who need to know such information
to assure compliance with state statutes or to achieve age appropriate
immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of child care facilities
and family day care homes, including, but not limited to, facilities
licensed by the secretary of health and environment;
(3) persons other than public employees who
are entrusted with the regular care of those under the care and
custody of a state agency including, but not limited to, operators
of day care facilities, group homes, residential care facilities
and adoptive or foster homes; and
(4) health care professionals.
(b) Notwithstanding K.S.A. 60-427 and amendments
thereto or any other Kansas statute which provides for privileged
information between a patient and a health care provider, there
shall be no privilege preventing the furnishing of information and
records as authorized by this section by any health care provider.
(c) Information and records which pertain to
the immunization status of persons against childhood diseases as
required by K.S.A. 65-508 and 65-519, and amendments thereto, whose
parent or guardian has submitted a written statement of religious
objection to immunization as provided in K.S.A. 65-508 or 65-519,
and amendments thereto, may not be disclosed or exchanged without
a parent or guardian's written release authorizing such disclosure.
SCHOOL REGISTRATION
CHAPTER 72. SCHOOLS
ARTICLE 52. HEALTH PROGRAMS
IMMUNIZATION
K.S.A. § 72-5208 (2006)
72-5208. Health tests
and inoculations; definitions.
As used in this act:
(a) "School board" means the board
of education of a school district and the governing authority of
any nonpublic school;
(b) "school" means all elementary, junior high, or high
schools within the state;
(c) "local health department" means any county or joint
board of health established under the laws of Kansas and having
jurisdiction over the place where any pupil affected by this act
may reside;
(d) "secretary" means the secretary of the state department
of health and environment;
(e) "physician" means a person licensed to practice medicine
and surgery.
K.S.A. § 72-5209 (2006)
72-5209. Health tests
and inoculations; certification of completion required, alternatives;
duties of school boards.
(a) In each school year, every pupil enrolling or enrolled in any
school for the first time in this state, and each child enrolling
or enrolled for the first time in a preschool or day care program
operated by a school, and such other pupils as may be designated
by the secretary, prior to admission to and attendance at school,
shall present to the appropriate school board certification from
a physician or local health department that the pupil has received
such tests and inoculations as are deemed necessary by the secretary
by such means as are approved by the secretary. Pupils who have
not completed the required inoculations may enroll or remain enrolled
while completing the required inoculations if a physician or local
health department certifies that the pupil has received the most
recent appropriate inoculations in all required series. Failure
to timely complete all required series shall be deemed non-compliance.
(b) As an alternative to the certification required
under subsection (a), a pupil shall present:
(1) An annual written statement signed by a
licensed physician stating the physical condition of the child
to be such that the tests or inoculations would seriously endanger
the life or health of the child, or
(2) a written statement signed by one parent
or guardian that the child is an adherent of a religious denomination
whose religious teachings are opposed to such tests or inoculations.
(c) On or before May 15 of each school year,
the school board of every school affected by this act shall notify
the parents or guardians of all known pupils who are enrolled or
who will be enrolling in the school of the provisions this act and
any policy regarding the implementation of the provisions of this
act adopted by the school board.
(d) If a pupil transfers from one school to another,
the school from which the pupil transfers shall forward with the
pupil's transcript the certification or statement showing evidence
of compliance with the requirements of this act to the school to
which the pupil transfers.
K.S.A. § 72-5211a (2006)
72-5211a. Exclusion
of pupils from school attendance; adoption of policy; notice; hearing;
compulsory attendance law not applicable.
(a) The school board of every school affected by this act may exclude
from school attendance, or by policy adopted by any such school
board authorize any certificated employee or committee of certificated
employees to exclude from school attendance, any pupil who has not
complied with the requirements of K.S.A. 72-5209. A pupil shall
be subject to exclusion from school attendance under this section
until such time as the pupil shall have complied with the requirements
of K.S.A. 72-5209. The policy shall include provisions for written
notice to be given to the parent or guardian of the involved pupil.
The notice shall (1) indicate the reason for the exclusion from
school attendance, (2) state that the pupil shall continue to be
excluded until the pupil has complied with the requirements of K.S.A.
72-5209, and (3) inform the parent or guardian that a hearing thereon
shall be afforded the parent or guardian upon request therefore.
(b) The provisions of K.S.A. 72-1111 do not apply
to any pupil while subject to exclusion from school attendance under
the provisions of this section.
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