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Medical Errors and Patient Safety

Statutes and Administrative Rules

  • •  General Information
    • ◊  Kansas Administrative Regulations (K.A.R.)

      Key provisions for medical errors reporting in the State of Kansas are provided in administrative regulations, which are designated as the Kansas Administrative Regulations (K.A.R.). The Kansas legislature provides web access to individual regulations by numerical designation, but useful searching via this search method requires a knowledge of the table of contents, which is not provided. Regulations are otherwise available in electronic format through the Kansas state deparments, agencies, commissions, state-supported institutions, and other entities.

      Kansas regulations are referenced by a concatenation of ‘K.A.R. [Title #]–[Article #]–[Regulation/Section #].’

      Example: K.A.R. 28-52-4 is the designation for ‘Standard-of-care determinations’ [Regulation/Section 4] of ‘Medical Care Facilities’ [Article 52] of the KDHE [Title 28].

      The relevant Kansas Administrative Regulations (K.A.R.) addressing patient safety and error reporting in healthcare facilities are provided within Title 28 regulations of the Kansas Department of Health and Environment (KDHE), under enforcement of the Bureau of Health Facilities (BHF).

      The Kansas regulations are provided in PDF format only with links to hospitals [PDF], Ambulatory Surgical Centers [PDF], and Long Term Care [PDF], and others.

    • ◊  Kansas Laws and Statutes

      Kansas laws addressing patient safety and quality are provided in 2 categories of laws. Session Laws are laws that are enacted by the Legislature, and signed by the Governor. The legislative sessions are available on the web from 1996 through 2005.

      Kansas statutes, available at the legislature website, represent the codified compilation of all permanent laws now in force. The statutes are arranged by topic in 84 distinct chapters, each of which contains several Articles and statutes, and a table of contents by chapter and article is provided for these unannotated laws, which are individually available in PDF format. Westlaw provides annotated statutes, designated as Kansas Statutes Annotated (K.S.A.).

      Citation of Kansas statutes used on this website is a concatenation of ‘K.S.A. [Chapter #]–[Article/Statute#].’

      Example: K.S.A. 65-4923 is the designation for ‘Reporting Requirements’ [Statute 4923] of ‘Health Care Providers’ [Article 49] of the Public Health Code [Chapter 65].

  • •  Laws and Regulations Governing Kansas Programs

    The Kansas Legislature created K.S.A. 65-4921 → 65-4929 in 1986 with mandatory “reportable incidents” and the creation of mandatory risk management plans for all medical facilities.

    Based on these laws, regulations were promulgated within the Kansas Department of Health and Environment in Title 28, Article 52, between 1986 and 1998. [K.A.R. 28-52-1 through K.A.R. 28-52-4] Similar regulations addressing risk managment in Ambulatory Surgical Centers are found in K.A.R. 28-34-50 → K.A.R. 28-34-55 [PDF].

    Whereas, Kansas does not publish this information or provide it on the Internet, Kansas also has laws defining what documents, records, and information are available to the public.

    The following is a selected list of laws and regulations addressing incident reporting and patient safety in Kansas.

Chapter 45 – Public Records, Documents, & Information
Chapter 45, Article 2 – Records Open to Public
Certain records not required to be open; separation of open and closed information required; statistics and records over 70 years old open.
Chapter 65 – Public Health
Chapter 65, Article 4 – Hospitals and Other Facilities
Licensure of critical access hospitals; definitions.
Chapter 65, Article 28 – Healing Arts
Reports by hospitals and others; administrative fines for failure to report.
Person licensed to practice healing arts required to report knowledge of violation of 65-2836 to state board of healing arts.
Chapter 65, Article 42 – Examination , Licensure and Regulation of Mental Health Technicians
Report of certain actions of mental health technician; persons required to report; medical care facility which fails to report subject to civil fine; definitions.
Chapter 65, Article 49 – Health Care Providers
Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined.
Peer review; health care providers, services and costs; definitions; authority of peer review officer or committee; records and testimony of information contained therein privileged; licensing agency disciplinary proceedings; exceptions.
Medical Care facilities – Risk Management Programs.
Reporting requirements.
Reports relating to impaired providers; procedures.
Reports, records and proceedings confidential and privileged; licensing agency disciplinary proceedings.
Immunity from civil liability for report or investigation, limits.
Failure to report; remedies; immunity from civil liability.
Employer retribution for reporting; prohibition; remedy.
Purpose of risk management programs; status of entities conducting programs; antitrust immunity.
Act supplemental to existing law.
Title 28 – Kansas Department of Health & Environment
Title 28, Article 4 – Health Care Policies [PDF]
Health Care Policies.
(Authorized by and implementing K.S.A. 65-508; effective May 1, 1979; amended May 1, 1985; amended Aug. 23, 1993.)
Title 28, Article 52 – Medical Care Facilities [PDF]
General requirements.
(Authorized by and implementing L. 1986, Chapter 229, Sec. 3; effective, T-87-50, Dec. 19, 1986;effective May 1, 1987.)
Incident Reporting
(Authorized by and implementing K.S.A. 65-4922;effective Feb. 27, 1998.)
Risk management committee.
(Authorized by and implementing K.S.A. 65-4922;effective Feb. 27, 1998.)
Standard-of-care determinations.
(Authorized by and implementing K.S.A. 65-4922;effective Feb. 27, 1998.)
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