2006 Kansas Code - 65-177

      65-177.   Study of diseases and deaths from maternity; "data" defined; causes; confidentiality, use; admissibility as evidence; reports, contents. The term "data" as used in this act shall be construed to include all facts, information, records of interviews, written reports, statements, notes, or memoranda secured in connection with an authorized medical research study.

      The secretary of health and environment may receive data secured in connection with medical research studies conducted for the purpose of reducing morbidity or mortality from maternal, perinatal and anesthetic causes. Such studies may be conducted by the secretary of health and environment and his staff or with other qualified persons, agencies or organizations. Where authorization to conduct such a study is granted by the secretary of health and environment, all data voluntarily made available to the secretary of health and environment in connection with such study shall be treated as confidential and shall be used solely for purposes of medical research. Research files and opinions expressed upon the evidence found in such research shall not be admissible as evidence in any action in any court or before any other tribunal: Provided, however, That any statistics or tables resulting from such data shall be admissible as evidence: Provided, That this act shall not affect the right of any patient or his guardians, representatives or heirs to require hospitals, physicians, sanatoriums, rest homes, nursing homes or other persons or agencies to furnish his hospital record to his representatives upon written authorization, or the admissibility in evidence thereof.

      No employee of the secretary of health and environment shall interview any patient named in any such report, nor any relative of any such patient: Provided, That nothing in this act shall prohibit the publication by the secretary of health and environment or a duly authorized cooperating person, agency or organization, of final reports or statistical compilations derived from morbidity or mortality studies, which reports or compilations do not identify individuals, associations, corporations or institutions which were the subjects of such studies, or reveal sources of information.

      History:   L. 1961, ch. 289, § 1; L. 1974, ch. 352, § 46; July 1.