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KANSAS
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CHAPTER 65. PUBLIC HEALTH
ARTICLE 5. MATERNITY AND CHILD CARE FACILITIESS
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.