72-6287. Parental consent for minor healthcare required while minor present at school facility.
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72-6287. Parental consent for minor healthcare required while minor present at school facility.
(a)As used in this section:
(1)"Appropriate licensing agency" means the agency that issues the license, certification or registration to the healthcare provider under this section.
(2)"Behavioral health crisis" means the same as defined in K.S.A. 65-536 , and amendments thereto.
(3)"Consent" means assent in fact, whether expressed or apparent.
(4)"Drug" means the same as defined in K.S.A. 65-1626 , and amendments thereto.
(5)"Healthcare provider" means a person who is licensed by or holds a temporary permit to practice issued by the state board of healing arts, the board of nursing or the behavioral sciences regulatory board.
(6)"Minor" means an individual under 18 years of age.
(7)"Parent" means the same as defined in K.S.A. 38-141 , and amendments thereto.
(8)"School facility" means any building or structure owned, operated or maintained by the board of education of a public school or the governing body of an accredited nonpublic school if such facility is accessible to students.
(1)Except as provided in subsection (c), notwithstanding any other provision of law to the contrary, unless a healthcare provider has consent of a minor's parent, a healthcare provider shall not, while a minor or healthcare professional is at a school facility:
(A)Prescribe, dispense or administer any prescription or nonprescription drug;
(B)administer a diagnostic test with the minor's bodily fluids; or
(C)conduct ongoing behavioral health treatment.
(2)Notwithstanding the provisions of K.S.A. 72-6316 , and amendments thereto, the provisions of paragraph
(1)shall not prevent a healthcare provider at a school from conducting a behavioral health assessment or intervention for a minor experiencing a behavioral health crisis, conducting a school-based screening required by law or providing education to a minor.
(3)A healthcare provider who violates the provisions of paragraph
(1)shall be subject to professional discipline from such healthcare provider's appropriate licensing agency.
(c)The provisions of this section shall not apply to:
(1)Consent by parent for surgery and other procedures on a child, K.S.A. 38-122 , and amendments thereto;
(2)consent for medical care of unmarried pregnant minor, K.S.A. 38-123 , and amendments thereto;
(3)donation of blood by persons over 16, K.S.A. 38-123a , and amendments thereto;
(4)consent for immunization by person other than a parent, K.S.A. 38-137 , and amendments thereto;
(5)health services under the revised Kansas code for care of children, K.S.A. 38-2217 , and amendments thereto;
(6)emergency care by healthcare providers, K.S.A. 65-2891 , and amendments thereto;
(7)examination and treatment of persons under 18 for venereal disease, K.S.A. 65-2892 , and amendments thereto; and
(8)examination and treatment of minors for drug abuse, misuse or addiction, K.S.A. 65-2892a , and amendments thereto.